Decatur Erb’s Palsy Lawyer

Trusted Decatur Erb’s Palsy Attorney

Erb’s palsy is a potentially serious condition that typically results from birth injuries. If your infant is struggling to recover from this medical condition, you can work with a Decatur Erb’s palsy lawyer to recover compensation that could help you pay for physical therapy, surgery, and other medical needs and compensate your family for what has happened.

Trust The Tolson Firm, LLC

The Tolson Firm, LLC, represents patients injured by providers’ medical malpractice, providing them with individualized attention and strong advocacy. Our skilled Decatur birth injury lawyer routinely works with parents of infants facing birth injuries to hold the liable doctors and nurses accountable and pursue compensation that can help families put their lives back together. You can trust us to tackle your Erb’s palsy case.

Why Hire an Erb’s Palsy Lawyer?

Erb’s palsy represents the most common presentation of neonatal brachial plexus palsy patterns (NBPP), accounting for around 90% of cases. In the United States, Erb’s palsy occurs at a rate of 0.9 to 2.6 incidents per 1,000 live births. While it can develop later in childhood, or even during adulthood, due to traumatic accidents, it’s most commonly associated with birth injury.

Knowing that your child sustained physical harm due to a doctor’s negligence can be painful. You can hire an Erb’s palsy lawyer to help you hold the provider who caused that harm liable for any damages that have occurred as a result. Your attorney can:

• File your initial claim
• Gather evidence to support your claim
• Negotiate a fair settlement with the liable party’s insurance company
• Represent you in court, should your case need to go to trial
• Protect you and your infant’s rights and interests throughout the legal process

Hiring a Decatur Erb’s palsy attorney is the most effective way to improve the odds that your family gets fully compensated for your infant’s injuries. Your attorney can handle all the details of your case so that you can focus on providing for your family during this difficult time.

What Is Erb’s Palsy?

Erb’s palsy is a condition that typically occurs during traumatic births when babies suffer brachial plexus injuries. The brachial plexus is a group of nerves traveling from the spinal cord to the arm, which means that Erb’s palsy impacts the arm, specifically. In most cases, infants heal from Erb’s palsy with physical therapy. However, some also need surgery. Not all cases of Erb’s palsy resolve, and some people face lifelong disability as a result of their birth injuries.

Common Causes of Erb’s Palsy

Erb’s palsy typically occurs when a baby’s head or neck is stretched to the side during birth. Common causes of this issue include:

• Shoulder dystocia. Shoulder dystocia occurs when a newborn’s shoulders are trapped in the mother’s birth canal following the delivery of the head.
• Breech births. Babies whose position in the womb is feet-down, rather than head-down, are at a greater risk of suffering Erb’s palsy as a result of birth injuries.
• Improper use of devices. When healthcare providers use forceps or vacuum devices with too much pressure, it can cause brachial plexus injuries by stretching the nerves too far, causing them to tear or rupture.
• High birth weight. Babies with higher-than-average birth weights are also at a greater risk of developing Erb’s palsy.

If your baby’s brachial plexus injury was preventable and it occurred at a local facility like Emory Decatur Hospital, you could be eligible to receive compensation under Erb’s palsy laws. The statute of limitations for medical malpractice claims in Georgia is two years, though a claim filed on behalf of an injured child runs on a different clock and often stays open until the child turns seven, so don’t put off finding a lawyer to take on your case.

Damages Available

There are several types of damages available in birth injury claims, and how much each is worth depends heavily on how permanent the nerve damage turns out to be. They include:

• Medical bills
• Future medical expenses
• Lost future earnings
• Emotional distress

Punitive damages may also be available, although Georgia places a cap on how much you can recover. Your attorney can determine the full extent of your infant’s damages and pursue a fair settlement for your family that covers all of them.

FAQs

Can You File a Legal Claim for Erb’s Palsy?

You can file a legal claim for Erb’s palsy if a doctor or nurse made a preventable mistake during your child’s birth that led to the condition. This may be the case if a provider pulled too hard on your baby’s head, neck, or arm during the birth, used tools like forceps or vacuum extractors incorrectly, did not react immediately to the baby’s shoulder becoming stuck behind the mother’s pelvic bone, or failed to perform a timely C-section.

Is Erb’s Palsy a Disability?

Erb’s palsy can be considered a disability when it affects a person’s ability to function. In mild cases, people heal completely from Erb’s palsy within a few months and have no long-term disability. In severe cases, they experience permanent muscle weakness, limited movement, or lifelong paralysis. These issues can impact a person’s ability to perform work and the daily tasks of living.

How Much Do Most Personal Injury Lawyers Charge?

Most personal injury lawyers charge a contingency fee, meaning they take their payment out of your final settlement if you are successful in filing your claim. Lawyers set their fees as a percentage of the recovery, with more experienced attorneys typically charging higher fees. Cases that must go to court for a resolution may be more expensive than those that are settled in negotiations.

Can You Fully Recover From Erb’s Palsy?

You can fully recover from Erb’s palsy if it is a mild case. The majority of infants diagnosed with Erb’s palsy recover fully or nearly fully. Physical therapy can help infants with this condition make a fuller recovery. However, severe tears or ruptures can require surgery, and some lead to permanent weakness and lifelong disability.

Your Erb’s Palsy Lawyer

If you’re looking for an Erb’s palsy lawyer to help you file a medical malpractice claim against a local hospital, look no further than The Tolson Firm, LLC. Our lead attorney, Audrey Tolson, is a proud Black attorney who works tirelessly to help her clients. Our entire team is dedicated to providing compassionate legal services and aggressive representation for parents and their infants. Contact us to schedule an initial consultation today.