Top Considerations In Brachial Plexus Or Erb’s Palsy Birth Injury Cases

The diagnosis of an Erb’s palsy birth injury in one’s child comes with a myriad of devastating feelings and valid concerns, not to mention things to be done to secure the best possible outcome for the child. Questions regarding causes, liability, costs, and current and future care run parallel to learning about Erb’s palsy—and often, to seeking experienced legal help. Top considerations during the development of potential Erb’s palsy birth injury cases include:

1. Your Child’s Care

2. Your Care

3. Confirmation of Your Child’s Birth Injury Type

4. Development of a Detailed Summary of Birth Events

5. Selection of an Expert Lawyer or Legal Team

Your Child’s Care

Verifying and learning about your child’s birth injury can be time consuming and somewhat overwhelming. Legal experts who specialize in birth injuries often offer resources aimed at providing assistance for birth-injured children.

Your Care

You are the single most important individual(s) in your child’s life. In effect, both your mental and physical status are critically important in terms of helping your child. Self care is especially crucial while caring for a child with a birth injury. Exhaustion, dehydration, inadequate nutrition, and even forgotten medications can deter your efforts to effectively help your child. Legal experts who specialize in birth injuries often offer resources to help and support parents of birth-injured children.

Confirmation of Your Child’s Birth Injury Type

Neuromas, Ruptures, and Avulsions to specific nerves are three causes of Erb’s Palsy (also referred to as Brachial Plexus Birth Palsy) ¹ that often lead to the necessity for surgery and can cause long-term or permanent disability. In situations that lead to legal action, knowing the exact type of injury and its cause or causes are pertinent pieces of information.

Development of a Detailed Summary of Birth Events

Writing a detailed summary of the events that led up to your child’s birth injury is both important and necessary with regard to proving liability and developing a potential legal case. It is helpful to have more than one family member provide his or her perspective of the events as well in the form of a detailed written summary. The details are utilized to assess liability, which may include more than one doctor, hospital, or other medical entity. They are also utilized in securing fair compensation. Liability is assessed by confirming the event or events that actually caused your baby’s birth injury and which individuals and/or entities were provably involved.

Selection of an Expert Lawyer or Legal Team

Contacting an experienced Erb’s palsy birth injury lawyer or legal team with regard to your baby’s birth injury as early as possible is important. Researching information about lawyers who specialize in birth injuries—particularly Erb’s palsy in this case—is beneficial. Some lawyers specialize in a wide variety of birth injuries, while others specialize in a particular type or types, including cerebral palsy, Klumpke palsy, asphyxia, hypoxia, C-section injuries, infections, brain damage, organ failure, and others. Expert lawyers and legal teams will advise you of your rights and detail a legal plan that will hold each healthcare professional and/or medical facility involved responsible for actions that resulted in your child’s Erb’s palsy birth injury.

If you or your baby sustained a birth injury, contacting an experienced lawyer for an initial consultation is an important step. It is helpful to research information about lawyers who specialize in birth injury cases, or if possible, who specialize in the particular type of birth injury lawsuit case you may be dealing with.

Many lawyers and legal teams offer free initial consultations. At Mallard & Sharp, P.A., we specialize in a wide variety of birth injury negligence cases. To schedule a free initial consultation with our expert legal team call 877.662.5527 or 305.461.4800.

 ¹ https://orthoinfo.aaos.org/en/diseases–conditions/erbs-palsy-brachial-plexus-birth-palsy