Macon Erb’s Palsy Lawyer

Dedicated Macon Erb’s Palsy Attorney

A difficult delivery that results in a birth injury can change a child’s life before it has even really begun. Erb’s palsy often occurs when the nerves near a baby’s neck and shoulder are stretched or torn during birth. While not every case is caused by malpractice, some are connected to preventable delivery errors. Families in Macon who believe that negligence may have had a part in their child’s injury have options. A Macon Erb’s palsy lawyer can be your trusted ally throughout the legal process. Families who suspect a preventable medical error may benefit from speaking with a Macon birth injury lawyer to understand their rights and possible next steps.

Why Choose The Tolson Firm, LLC?

At The Tolson Firm, LLC, we represent families in Macon in medical malpractice and birth injury cases. We know how difficult it can be to navigate the stress and complexities of these cases, which is why we offer compassionate, dedicated legal guidance at every step. Led by a proud Black attorney with over 30 years of experience, our lawyers don’t back down when pursuing the compensation our clients deserve.

Symptoms of Erb’s Palsy

Erb’s palsy typically affects just one arm, usually the shoulder and upper arm. A baby may have weakness, limited movement, or little control over the affected arm after birth. In some cases, the arm may hang close to the body, with the elbow straight and the hand turned inward. Parents may also notice that the baby does not lift the arm, grip as strongly, or respond when touched. Common Erb’s palsy symptoms for parents to look out for include:

• Weakness in one arm
• Limited shoulder or elbow movement
• Decreased grip strength
• Numbness or reduced feeling
• Arm stiffness or limpness
• Delayed motor development on the affected side

While up to 80% of children recover from brachial plexus injuries, like Erb’s palsy, others may have lasting weakness, pain, or reduced function in their arm.

How to Prove Medical Malpractice

Even though Erb’s palsy is relatively rare, affecting only 0.9 to 2.6 children out of every 1,000 live births, it’s important that parents understand how to prove malpractice if they suspect that negligence led to their child’s injury. Families must show that a medical provider failed to meet the accepted standard of care and that this failure led to the child’s injury. Important evidence in Erb’s palsy cases includes:

• Medical records from the pregnancy, labor, and delivery
• Notes about shoulder dystocia or other birth complications
• Testimony from medical professionals
• Records of the child’s diagnosis, therapy, and future care needs
• Evidence showing how the injury has affected the child and family

An attorney can work with medical professionals to determine whether the delivery team failed to meet the standard of care. If so, they can begin collecting evidence for your claim.

Compensation for Erb’s Palsy Injuries

Compensation in Erb’s palsy cases depends on how the injury affects the child and their family. Some children need physical therapy for a short time, while others may require ongoing care and support. A medical malpractice claim can enable families to seek compensation for both current losses and potential future needs. Recoverable damages include:

• Hospital bills and follow-up appointments
• Physical or occupational therapy
• Surgery or other treatments
• Assistive devices or home accommodations
• Future medical expenses
• Pain and suffering

With 10% to 15% of children suffering permanent damage from brachial plexus injuries, these cases can also account for future lost earning capacity. Furthermore, parents can also recover costs tied to travel, missed work, or caregiving needs.

FAQs

Do I Need a Macon Erb’s Palsy Attorney?

There’s no legal requirement to hire an Erb’s palsy lawyer in Macon for your case, but it’s a good idea to consult an attorney rather than handle the case on your own. Medical malpractice claims require specific evidence and involve complex laws that can be difficult to navigate. If you make a mistake in your case, you could lose out on the compensation you deserve. Let an attorney handle your case while you focus on your family.

How Long Do I Have to File an Erb’s Palsy Case in Georgia?

In Georgia, birth injury cases have different statutes of limitation than typical malpractice claims. Under O.C.G.A. § 9-3-73, you have two years from your child’s fifth birthday to file a case for birth injuries. This may seem like a lot of time, but acting quickly could be vital for your case. Important evidence could disappear over time, and witness memories could fade. Furthermore, there could be delays in discovering the injury, making prompt action essential.

Can Erb’s Palsy Cause Scoliosis?

Erb’s palsy does not typically cause scoliosis by itself. It mainly affects the brachial plexus nerves that control the shoulder, arm, and hand. However, a child with lasting weakness, muscle imbalance, or limited arm movement may develop an uneven posture, shoulder height changes, or compensation patterns that you should consult their doctor about. Keep in mind that these postural differences do not necessarily mean your child has scoliosis.

Is Erb’s Palsy a Type of Cerebral Palsy?

No, Erb’s palsy is not a type of cerebral palsy. Erb’s palsy is a brachial plexus injury that affects nerves near the shoulder, and it can cause weakness or limited movement in the arm. Cerebral palsy is a group of disorders caused by abnormal development or damage to the developing brain. It affects movement, balance, and posture. Both conditions can impact how the body functions, but they involve different parts of the body and have different causes.

Hire an Erb’s Palsy Lawyer

The professionals at Atrium Health Navicent and Piedmont Macon Medical Center provide quality care, but mistakes and other issues can still happen. When a brachial plexus injury occurs during birth, it’s important to work with an experienced medical malpractice attorney to seek the help you need. The team at The Tolson Firm, LLC, can provide skilled legal representation and guidance throughout your claim.

Contact our team today to discuss your case, learn about your legal options, and take the first steps toward pursuing compensation for your losses.