A difficult birth can have long-term implications for a child. One common condition arising from a birth injury is Erb’s palsy, which can limit the function of a child’s arm forever.
Talk to an Orlando Erb’s Palsy lawyer at Colling Gilbert Wright immediately if your child has received this diagnosis. Our attorneys have an outstanding record of obtaining high-value resolutions to birth injury cases. Our reputation for professionalism and excellent results impels other local legal professionals to refer their clients to us for representation on birth injury cases.
Understanding Erb’s Palsy in Infants
Erbs Palsy is a condition that causes muscle weakness, loss of sensation, and sometimes paralysis. It results from an injury to the brachial plexus, which is a group of nerves that connect the spinal cord to the shoulder, arm, and hand. If these nerves are stretched, compressed, or torn, the arm may not function properly because the damaged nerves are not able to transmit signals between the brain and the hand.
A difficult birth can lead to brachial plexus injuries. Some of the reasons for these injuries include:
- Use of forceps or a vacuum extractor during delivery
- Use of excessive force on the child’s head or neck while guiding the baby from the birth canal
- Improper handling of the infant if their shoulder gets stuck on the mother’s pelvic bone
- Failure to timely perform a Caesarean section when the baby is too large for a vaginal delivery or is in the breech position
These events are often indicators of medical negligence.
When the damage to the brachial plexus is minor, the child often heals completely and suffers no long-term symptoms. However, cases of severe Erb’s palsy can limit the child’s use of the affected arm and could cause lifelong disability. Contact an attorney at The Florida Firm Injury and Accident Lawyers in Orlando if your child may suffer permanent consequences from Erb’s palsy.
The Process for Bringing a Birth Injury Lawsuit
Erbs Palsy is often diagnosed at birth or by a pediatrician at a well-baby visit. Infants with Erb’s palsy may hold their arm in an unusual position, which can spur the doctor to order further tests to confirm the diagnosis.
Florida law allows only two years from a diagnosis to file a lawsuit seeking damages. It is smart to seek guidance from an Orlando lawyer soon after an Erb’s palsy diagnosis. They will review the child’s medical records and ask a birth injury expert to review them, in accordance with Florida Statutes § 766.104.
If there is evidence that medical negligence led to Erb’s palsy and the child will suffer long-term harm due to the condition, our team will notify the defendants of your claim. They have 90 days to review the claim, and negotiations may begin during this period. If the defendants choose to defend the claim, we file a lawsuit, and the case proceeds through the legal system.
What Damages Can You Receive?
Your claim can include the cost of your child’s medical treatment and your lost wages if you had to take time off work. You can claim damages for your emotional distress and the lost enjoyment of your child’s birth due to concern over their injury. These funds will go to you if the case settles or reaches a verdict.
You can also claim damages for your child’s pain and suffering and any impact the injury may have on their ability to earn a living. You will need expert testimony describing the physical limitations the child will experience and the likely financial and emotional impact of these limitations. These funds are your child’s, and the court will supervise their disbursement until the child reaches age 18.
The amount of damages you will obtain is difficult to predict, but is influenced by the degree of the healthcare team’s negligence and the impact on the child. Our Orlando attorneys have obtained a verdict exceeding $800,000 in a brachial plexus birth injury case.
Reach Out to Our Orlando Attorneys If Your Child Has an Erb’s Palsy Diagnosis
When your joy at your child’s arrival is marred by a birth injury that will have a permanent impact, you and your infant deserve compensation. An Orlando Erb’s Palsy lawyer at The Florida Firm Injury and Accident Lawyers can guide you through the legal process, offering support and advice as you seek accountability.
You can work with us at no risk—initial consultations are free, we do not charge fees or expenses unless we win compensation for you, and our fees come out of your award. Set up a meeting with our birth injury intake team today to learn more.