Erb’s palsy is a type of birth injury that could have been easily prevented but still somehow end up being one of the most common conditions found in newborns. This injury involves nerve damage in the arm, shoulder, and possibly even the hand of the infant.
What is Erb’s Palsy
Typically, Erbs Palsy results from mishandling as the baby is being pulled out during delivery. With this injury, the baby is unable to properly use the limb and, not to mention, feels pain. It may not be immediately noticeable by the parents, especially since the baby cannot as of yet express or communicate.
Symptoms, however, may include weakness in the affected side, unresponsive or limp arm and hand, or difficulty grasping objects. In certain cases, it can even result in partial or complete paralysis of the arm.
Although as much as 80% of affected infants eventually recover, it can be a long and expensive journey.
Suing for Erb’s Palsy
Parents who would like to seek recompense for the acquired condition of their newborn would need to file a medical malpractice lawsuit. It’s highly recommended to hire the services of a birth injury lawyer in order to present the best case possible before the court.
Suing for Erb’s palsy goes beyond showing that the baby suffers from Erb’s palsy. Beyond this, and most importantly, it must be shown that this condition can be directly attributable to the actions of the doctor during delivery.
Before you can even make this attribution, you must first be able to establish a patient-doctor relationship with the defendant. This relationship then establishes the duty and responsibility upon the doctor. To successfully win the lawsuit, it must be clearly proven that this duty was breached, possibly due to medical negligence or substandard performance.
Proving Liability
In order to prove the liability and thus seek accountability from the right party, medical records proving the doctor-patient relationship must be carefully examined. Witness testimonies will also be helpful, especially when it comes to tracing the timeline and development of events.
The present condition of the doctor, as well as the other present medical staff, can further provide a clearer picture of what exactly happened during the delivery that may have resulted in the birth injury.
Seeking compensation for Erb’s palsy is your best bet at easing the financial burdens of the necessary treatments. Not to mention, it’s also recompense for the emotional trauma you may have experienced as the parents of the affected baby.