Alpharetta Erb’s Palsy Lawyer

Best Alpharetta Erb’s Palsy Attorney

Welcoming a child into the world is meant to be a time of celebration, but a birth injury like Erb’s palsy can quickly create stress and anxiety for parents. Erb’s palsy occurs when the nerves in a baby’s shoulder get stretched or torn during delivery, leaving the baby with weakness or loss of movement in one arm. Families concerned that medical negligence contributed to the injury may want to speak with a Alpharetta birth injury lawyer to better understand their rights and available legal options.

While not every case is caused by malpractice, an Alpharetta Erb’s palsy lawyer can pursue compensation if a medical provider’s negligence caused your child’s injury.

How The Tolson Firm, LLC, Can Help

Whether your child was born at Emory Johns Creek Hospital, the Wellstar North Fulton Medical Center, or another facility in the area, The Tolson Firm, LLC, can represent your Erb’s palsy case. As a local law firm proudly founded by a proud Black attorney, we know what it takes to build a strong case and seek the compensation you’re entitled to.

With an estimated 12,000 cases of Erb’s palsy per year in the U.S., it’s important that Alpharetta parents know that they can turn to an experienced medical malpractice law firm for dedicated legal guidance. Our lawyers can handle the legal process on your behalf while you focus on giving your child the care they need to recover or adapt to their injury.

What Causes Erb’s Palsy?

Erb’s palsy is caused by damage to the brachial plexus, a group of nerves that controls movement in the shoulder, arm, and hand. In birth injury cases, Erb’s palsy often occurs when the baby’s shoulder gets stuck behind the mother’s pelvis, known as shoulder dystocia. Even though shoulder dystocia can happen naturally, how doctors and nurses respond to it matters. Pulling too hard on the baby’s head or neck can stretch or tear the nerves.

Erb’s palsy can also be linked to:

• Prolonged labor
• Breech delivery
• Large birth weight
• Delayed C-sections
• Improper use of forceps or vacuum extraction

If medical malpractice may have contributed to your child’s Erb’s palsy, speak with an Alpharetta Erb’s palsy attorney to understand your legal options and start building your case.

Symptoms of Erb’s Palsy

Typically, Erb’s palsy symptoms only affect one arm. Some children can show signs right after birth, especially when the delivery was particularly complicated, while others may be diagnosed after doctors or parents notice limited movement or weakness. Common symptoms can include:

• The child holding their arm close to their body or turned inward
• Poor grip strength
• Trouble bending the elbow
• Weakness in one shoulder, arm, or hand
• Limited movement in the affected arm
• Loss of feeling or reduced sensation in part of the arm
• Delayed motor development
• Pain, stiffness, or joint problems as the child grows

The severity of the symptoms depends on how badly the nerves were damaged during delivery. While recovery rates vary from 69% to 95% with therapy and other types of care, some cases require long-term treatment and may even be permanent.

Compensation for Medical Malpractice Victims

With the condition affecting up to four in 1,000 children, it’s important for the parents of children injured during birth to understand what compensation they can recover in an Erb’s palsy case. Economic damages are the financial losses tied to the child’s injury. These can include:

• Hospital bills
• Doctor visits
• Physical therapy
• Surgery
• Future medical care

Families can also seek compensation for travel costs for treatment, along with lost income if they have to miss work to care for their child.

Non-economic damages are harder to measure but are no less real for children and their families. These may include:

• Pain
• Emotional distress
• Reduced quality of life
• Physical limitations
• Loss of normal childhood activities

If Erb’s palsy causes lasting weakness or disability, non-economic damages can also reflect the long-term impact on the child.

FAQs

Is Erb’s Palsy a Chronic Illness?

Erb’s palsy is not usually considered a chronic illness. It’s a nerve injury that affects movement and feeling, and many children improve or recover over time. However, severe cases can have a lasting impact, leading to permanent loss of full function. In that way, Erb’s palsy could become a chronic medical condition, although a majority of children do recover.

How Long Do Families Have to File Erb’s Palsy Cases?

In Georgia, most medical malpractice cases must be filed within two years of the injury, but birth injury cases are a bit different. Under O.C.G.A. § 9-3-73, families have two years from the child’s fifth birthday to file an Erb’s palsy case. This is important to know because symptoms of Erb’s palsy don’t always manifest immediately, and the injury could become apparent only after the child begins missing developmental milestones as they age.

How Much Compensation Can You Get for Medical Negligence?

How much compensation you can get for medical negligence can vary. Each case is unique, so the value of one case does not necessarily inform the value of yours. Rather, you’ll need to document the extent of your economic and non-economic damages to better understand what kind of settlement you should pursue. An attorney can determine whether filing a claim with the Fulton County Superior Court is necessary to recover the compensation your child deserves.

Can I Get Disability for Erb’s Palsy?

A child could qualify for disability benefits if they have Erb’s palsy, but a diagnosis on its own is not enough for the Social Security Administration. SSA looks at how the condition limits the child’s ability to use their arm and perform age-appropriate tasks. Families must also meet strict financial rules for benefits.

Hire an Erb’s Palsy Lawyer From The Tolson Firm, LLC

Erb’s palsy can affect more than just your child’s health and development. It can have a lasting impact on your family’s finances as you work to help your child recover from their injury. Hire an Erb’s palsy lawyer from The Tolson Firm, LLC, to navigate the complicated medical malpractice laws in Georgia. Contact our office today to schedule a consultation. You don’t have to go through this challenging time alone. We can focus on your case while you care for your family.