Roswell Erb’s Palsy Lawyer

Experienced Roswell Erb’s Palsy Attorney

When a child is diagnosed with Erb’s palsy, parents want to know what happened during delivery, whether the injury could have been prevented, and what it might mean for their family. Erb’s palsy can affect movement, strength, and feeling in a child’s arm, shoulder, and hand. Families who suspect medical negligence may also benefit from speaking with a Roswell birth injury lawyer to understand their legal options. In serious cases, children may need physical therapy, surgery, and long-term care to manage their injury. If a nurse’s, doctor’s, or hospital’s negligence led to your child’s injury, a Roswell Erb’s palsy lawyer can represent you.

About The Tolson Firm, LLC

Proudly led by a proud Black attorney, The Tolson Firm, LLC, can provide the dedicated legal support you need to recover compensation for your child’s Erb’s palsy injury in Roswell. When you hire an Erb’s palsy lawyer from our firm, you get a trusted partner who is dedicated to holding negligent medical professionals accountable for their actions. Our team has years of experience in medical malpractice cases, and we can pursue all the compensation you deserve for your losses.

What Is Erb’s Palsy?

Erb’s palsy is a type of brachial plexus injury that affects the nerves running from the neck into the shoulder, arm, and hand. These nerves control movement and feeling in these parts of the body. When the nerves are stretched, compressed, or torn during birth, a child could experience Erb’s palsy symptoms, like weakness, numbness, or limited movement in the affected arm. While these injuries typically impact the shoulder or arm, a child can feel symptoms in their forearm, wrist, and hands as well.

The severity of Erb’s palsy can vary. Mild cases can improve over time with physical therapy, though more serious nerve damage may require surgery and ongoing care. During delivery, many things can go wrong, causing a child to suffer Erb’s palsy. It’s important that parents consult a Roswell Erb’s palsy attorney if they suspect that medical professionals from Wellstar North Fulton Medical Center or another hospital in the area contributed to their child’s birth injury.

Common Causes of Erb’s Palsy

Every year, there are about 12,000 cases of Erb’s palsy in live births. It’s usually caused by damage to the brachial plexus nerves during labor or delivery when the baby’s neck, shoulder, or head is stretched too far, especially during a difficult birth. Some injuries may happen despite proper medical care, while others could be linked to mistakes or negligence by doctors, nurses, or other members of the care team. Common causes and risk factors include:

• Shoulder dystocia. This occurs when the baby’s shoulder gets stuck behind the mother’s pelvic bone. Up to three percent of all vertex vaginal births can lead to Erb’s palsy.
• Excessive pulling. Pulling too hard on the baby’s head, neck, or shoulders can stretch or tear the nerves.
• Improper use of delivery tools. Forceps or vacuum extractors can increase the risk of injury if used incorrectly.
• Large birth weight. Babies with a higher birth weight are at greater risk of getting stuck during delivery.
• Delayed C-section. Delaying a C-section can increase the chances of an otherwise preventable nerve injury.

Compensation for Erb’s Palsy Caused by Medical Malpractice

If medical malpractice in Roswell led to your child’s Erb’s palsy, you may be entitled to compensation for the costs and losses related to the injury. Erb’s palsy cases often focus on both the care a child needs now and the support they’ll need in the future. Common forms of compensation include:

• Hospital and doctors’ bills. These can include hospital care, doctor visits, imaging, testing, and other medical appointments.
• Therapy costs. Many children suffering from Erb’s palsy need ongoing therapy to improve strength, movement, and function.
• Future treatment. Because 10% to 15% of children with Erb’s palsy suffer permanent weakness, families can recover damages for long-term medical care or future surgeries.
• Pain and suffering. Your claim may account for the physical pain, limitations, and emotional effects caused by the injury.

FAQs

What Is the Average Settlement for an Erb’s Palsy Claim?

There is no published average settlement for an Erb’s palsy claim, as most settlement figures are not available to the public. Furthermore, the value of a case varies greatly from one to the next, so it’s important to track and prove your specific losses related to the injury. A settlement should reflect the value of your damages, including current medical expenses, expected future costs, and pain and suffering.

Does Erb’s Palsy Qualify for Disability?

Erb’s palsy may qualify for disability benefits if the injury causes serious, lasting limits on the child’s ability to use their arm, hand, or shoulder. A mild case that improves quickly with therapy likely won’t qualify. However, particularly severe nerve damage or permanent loss of full function could lead to disability benefits. You may need to provide the Social Security Administration with specific proof of the injury and its long-term impact on your child to receive disability benefits.

Is Erb’s Palsy Always Caused by Medical Malpractice?

No, Erb’s palsy is not always caused by medical malpractice. Some cases happen because of unavoidable complications during pregnancy or delivery, even when doctors or nurses provide proper care. Keep in mind that for a birth injury to qualify as malpractice, you must prove that medical professionals failed to provide the appropriate standard of care. It’s important to work with an experienced attorney to collect evidence if you suspect that negligence had a role in your child’s injury.

Can You Fully Recover From Erb’s Palsy?

Yes, it’s possible to fully recover from Erb’s palsy in many cases, especially when the nerve damage is mild and treatment begins early. Physical therapy can improve movement and strength as the nerves heal, and in some cases, can even resolve on their own over time. However, recovery depends on the severity of the damage. Torn or ruptured nerves can cause lasting weakness or limited use of the affected arm. In some children, the damage can last their entire lifetime.

Hire an Erb’s Palsy Lawyer

Contact The Tolson Firm, LLC, today to speak with one of our lawyers. We can discuss your case and explain your legal options as we strategize the right path forward, whether that means pursuing a settlement through negotiations or taking the case to the Fulton County Superior Court.