Corpus Christi Birth Injury Attorneys
Throughout your pregnancy and labor, you trust your doctors and nurses
to give you and your baby the proper treatments and medical advice to
ensure a healthy birth. Unfortunately, birth injuries do occur due to
negligence on the part of doctors, nurses, or other medical professionals
before or during labor. If your child is injured during birth, you may
need to contact a birth injury lawyer with experience in Erb’s palsy
cases right away to get the compensation you deserve. Reach out to Bandas
Law Firm, P.C. for compassionate, personalized legal representation.
Contact us online or call (361) 238-2789 for a free, confidential consultation
with our Corpus Christi birth injury attorneys.
What Is Erb’s Palsy?
Erb’s palsy is a disorder that occurs when the nerves in an infant’s
upper arm are damaged during labor. It often happens when the baby’s
head and neck are pulled to one side while the shoulder is still passing
through the birth canal. This causes excessive pulling and can do minimal
to severe nerve damage. In breech presentations, a child’s raised
arm may also be under too much pressure and may be damaged.
In any case, if nerve damage occurs, depending on its severity, it may
heal on its own or treatment may be necessary. Physiotherapeutic care
and/or surgery may be necessary to return full use of the arm. However,
in more severe cases, functionality may not ever fully return, and your
child may be at a greater risk for developing arthritis later in life.
This ordinarily occurs only in infants that have not recovered within
their first year.
How Can You Tell If Your Baby Is Suffering From Erb’s Palsy?
If your child is suffering from Erb’s palsy due to birth injury,
the affected arm will be weakened, partially paralyzed, or entirely paralyzed.
You may notice that the arm is limp and/or that your baby holds it against
the side of his or her body. There may also be decreased gripping ability
with the hand on the affected arm, and your baby may have numbness or
sensitivity in that arm, especially in the upper arm, where the nerves
have been affected. Erb’s palsy may also impair muscular, circulatory,
and/or nervous development in that arm.
Proving Negligence & Getting Compensation
In most cases of Erb’s palsy, medical malpractice has occurred due
to negligence on the part of your doctor or one of the other medical professionals
present at the time of labor. To gain compensation, you will need to prove
that this occurred, though. Our Corpus Christi birth injury lawyers can
help you understand your case and determine the best course of action
If your child sustained injuries leading to Erb’s palsy during birth,
there is a strong likelihood that your physician or obstetrician committed
one or more of the following acts, all of which constitute negligence:
- Failing to call for a cesarean section when one is necessary
- Failing to recognize and/or respond to signs of fetal distress
- Using forceps or vacuum extractor incompetently
- Failing to anticipate labor complications due to the baby’s size
Your doctor and their staff are responsible for your health and your baby’s
health. If, due to one or a combination of these acts of negligence, your
baby was injured during birth, you are owed compensation. You should not
be responsible for medical bills resulting from diagnosis and treatment
of Erb’s palsy due to medical malpractice, and you should also be
awarded pain and suffering benefits, as well.
Unfortunately, hospitals’ insurance companies are often prepared
to do everything they can to avoid paying out on claims of medical malpractice.
That’s why it is of the utmost importance to consult with qualified
Erb’s palsy lawyers immediately to discuss your case and determine
the next best step for you and your baby.
Contact Bandas Law Firm, P.C. at (361) 238-2789 for a complimentary case
evaluation with our legal team. We offer compassionate, one-on-one legal