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Albuquerque Erb's Palsy Lawyer

Birth Injury Claims in New Mexico

Erb’s Palsy is a condition that affects the nerves within the neck that control the motions of the arm, making it difficult to move the limb on one’s own. It often affects babies and children and is usually caused by complications that arise during childbirth, but other factors can lead to the condition as well.

If someone you love has been diagnosed with Erb’s Palsy caused by a medical error, you may be able to file an Erb's Palsy lawsuit against the medical professional or facility responsible. At James Wood Law, our experienced Albuquerque Erb's Palsy lawyer can help you obtain compensation to cover your losses. We can also assist with securing proper medical treatment so your child can make a full recovery.

Contact us now to book your free case evaluation. All consultations are risk-free and completely confidential.

How Does Erb's Palsy Happen?

Erb’s Palsy affects a portion of the brachial plexus, which is located in the arm and between the bones of the neck and stems from the spinal cord. Because the brachial plexus controls many of the sensations and movements in the arms, shoulders, and chest, a disruption of this connection can cause weakness in this area of the body. Though one’s arm becomes difficult to move, it is not fully paralyzed and therefore Erb’s Palsy usually responds well to proper treatment.

Erb’s Palsy often develops during childbirth when a baby becomes stuck in the birth canal. If the delivery doctor mistakenly puts too much pressure on the infant in order to deliver it, the infant can become injured and suffer from Erb’s Palsy. Erb’s Palsy can also develop in children after birth who suffer physical trauma in an accident.

Is Erb's Palsy Preventable?

Generally, yes. As we mentioned above, Erb’s Palsy can be caused by several factors, some of which are more preventable than others. In fact, it can still develop even with outstanding medical care. Typically, however, Erb’s Palsy is the result of either a medical error or an accident.

Erb’s Palsy is commonly associated with labor and delivery. When a baby is passing through the birth canal, it can get stuck. Depending on the situation, a doctor’s intervention may actually injure the baby further, which can lead to Erb’s Palsy.

However, the risk of Erb’s Palsy may be evident even before delivery based on factors specific to the mother or baby. Your doctor should warn you if pre-existing factors can lead to Erb’s Palsy (if they do not, you may be able to file a claim for malpractice should your child develop Erb’s Palsy).

The following factors may contribute to the development of Erb’s Palsy :

  • Mothers of small stature
  • Mothers who gain excessive weight during pregnancy
  • Infants with high birth weights
  • Breech births
  • Excessive pulling of shoulders during delivery
  • Use of vacuum extraction tools or forceps during delivery
  • Labors where the second stage lasts for longer than an hour

Erb’s Palsy can also develop in children due to major trauma such as a physical blow or pressure to the neck during the first few months of life.

How Is Erb's Palsy Diagnosed?

Erb’s Palsy can be difficult to detect in newborns since they are unable to verbally convey their symptoms. It is up to the parents of newborns to monitor their children to determine potential injury and illness.

Erb’s Palsy symptoms to look out for in your newborn include:

  • Difficulty moving their arm
  • Appearing in pain when moving their arm
  • Holding their arm against their body with a bend at the elbow
  • Trouble gripping objects or making a fist on one side
  • Loss of function or improper development in their circulatory, nervous, or muscular systems

What Kind of Treatment Will I Need to Pay For?

The treatment required depends on the severity of the injury—the effects of Erb’s Palsy range from mild to severe. Those with minor injuries may not require much treatment; in fact, Erb’s Palsy symptoms have been known to improve or even disappear on their own.

However, most children will require some level of treatment. Physical and massage therapy can help strengthen the arm and surgery is an option for more severe cases. With treatment, most children will fully recover from the condition within a year or so.

Fortunately, if you file an Erb’s Palsy claim for damages, you should be able to receive compensation that will cover all expenses related to treating the condition.

Compensable damages may include:

  • All medical expenses related to treating Erb’s Palsy
  • Lost wages (if you had to stay home to care for your child)
  • Emotional and physical pain and suffering

It should be noted, however, that suing a medical professional for malpractice due to an Erb’s Palsy diagnosis is not always easy. You will have to prove that the doctor made a mistake that someone else with similar qualifications and experience reasonably would not have. This is typically done by having an expert witness in the medical field testify on your behalf.

If you have a legitimate malpractice claim, you should have no problem prevailing with the right lawyer. We recommend consulting with an experienced Erb’s Palsy attorney before choosing to take any legal action to ensure that you are in fact dealing with malpractice and have the evidence and determination to successfully win an Erb’s Palsy lawsuit.

We are here for you and your child. Contact us online or call (505) 906-6774 to get started with a free, no-obligation legal consultation.

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