One example of preventable harm to a child during delivery is brachial plexus palsy, also known as Erb’s palsy after the doctor who first described the condition. Erb’s palsy occurs when pressure on the baby’s shoulder causes bruising or tearing within the cluster of nerves called the brachial plexus. Damage can be short-lived or permanent, depriving the child of strength and mobility in the affected arm. Since 1959, attorneys at Rush, Hannula, Harkins & Kyler, LLP have fought for injured newborns to obtain adequate compensation for serious injuries. You can trust our legal team for our experience, knowledge and dedication to pursuing positive results in your case.
Symptoms may appear immediately or soon after birth, and may include:
If simple bruising is the cause, these symptoms should clear up quickly. If nerves have been torn, the infant may require surgery to repair function. However, in many cases, even surgery involving nerve grafts will not improve the infant’s long-term prognosis.
Newborns are vulnerable to brachial plexus injury, so it’s important to establish when and how the injury occurred. The nerves of the brachial plexus can be injured during a difficult delivery, but that is not necessarily proof of healthcare provider negligence. However, advances in medical science have given doctors diagnostic tools and corrective procedures to address the leading causes of Erb’s palsy, including:
Doctors often employ cesarean delivery when they have concerns about a difficult delivery. The failure of a doctor to anticipate a difficult delivery or recommend a C-section when indicated may amount to malpractice, providing grounds for a birth injury lawsuit. Concerned attorneys at Rush, Hannula, Harkins & Kyler, LLP thoroughly investigate the circumstances of your child’s prenatal care, delivery and post-delivery care to uncover evidence of negligence from any caregivers who may have impacted your child’s condition.
Modern medical science has given doctors the tools necessary to eliminate Erb’s palsy. If your child suffered brachial plexus harm during delivery, you might have grounds for legal action. Call Rush, Hannula, Harkins & Kyler, LLP at 253-383-5388 or contact our firm online to schedule a free consultation.
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