September 20, 2020

When to Sue for Erb’s Palsy

If your baby has been diagnosed with a brachial plexus birth injury, you may not know when it is appropriate to sue for an Erb’s palsy diagnosis. Contact a respected Kentucky birth injury lawyer to discuss your options for financial recovery.

There are many different types of birth injuries that can occur during pregnancy, labor, and delivery. One of the most impactful injuries are those to the brachial plexus during childbirth. These injuries can be life-altering and have a devastating impact on the baby’s life. 

Fortunately, when your healthcare provider’s negligence caused your child to endure a condition such as Erb’s palsy, you may be able to take legal action through a personal injury claim.

If you have had a hard time figuring out when to sue for Erb’s palsy, you aren’t alone. A qualified Kentucky birth injury lawyer at Wilt and Thompson, PLLC, may be able to help you figure out whether the medical standard of care has been breached, and if it has, what your next steps should be. 

What Is Erb’s Palsy?

Erb’s palsy occurs when there is damage or tears to the nerves in the shoulder and neck. It most commonly occurs when a baby becomes stuck under the mother’s pelvic bone during childbirth—a complication known as shoulder dystocia. 

There are many reasons why the baby could become stuck, but when the baby is being delivered, the tendons and nerves in the shoulder become stretched or tear, causing a brachial plexus birth injury.

In many cases, the damage will heal on its own. However, there are also many instances in which the damage done to the arm is permanent and will require lifelong treatment in order to adapt to life with a paralysis of the muscles and tendons that move the arm. 

Liability for Brachial Plexus Injuries at Birth

It can be difficult to know whether filing a medical malpractice claim for an Erb’s palsy diagnosis is appropriate. This is because there are many different reasons in which a brachial plexus birth injury can occur. 

However, if your birth injury lawyer at Wilt and Thompson, PLLC, can prove that your healthcare provider—whether that be your midwife, obstetrician, nurse, or other provider—failed to take the necessary steps to prevent, diagnose, and treat shoulder dystocia or the brachial plexus birth injury, you may have grounds for a birth injury lawsuit. 

You will need to discuss your case with your lawyer in great detail to determine if pursuing a claim is recommended in your case. 

Contact a Kentucky Birth Injury Lawyer

To learn more about when to sue for Erb’s palsy and what legal options may be available to you, reach out to an experienced Kentucky birth injury lawyer at Wilt and Thompson, PLLC, to discuss the circumstances of your case. You can fill out the quick contact form we have included at the bottom of this page or give our office a call at 502-253-9110 when you are ready to get started on your case.