Erb’s Palsy Attorneys in Jackson, MS
Guiding You Through Erb’s Palsy Claims
Independent movement depends on communication between the spinal cord and the nerves throughout the body. When an injury interrupts the nervous system, people often experience muscle weakness or paralysis near the site of injury. This is how Erb’s palsy, which affects the muscles in the shoulder and arm, works. Infants are fragile, so when their nerves are stretched or damaged during a difficult delivery, they can experience notable muscle weakness. In 80 to 96% of cases, this disability is temporary, but for some children, a mistake in the delivery room can impact their entire lives.
If your child suffers from Erb’s palsy and does not show signs of recovery, you may be able to take legal action against the doctor who delivered them. A successful lawsuit can help you provide your child with whatever care and assistance they may need moving forward, and ‘Maggio | Thompson, LLP can help you file one.
To get started, simply call us at (601) 265-6869 and tell us about your situation.
What Is Erb’s Palsy?
Also called brachial plexus palsy or Klumpke's Palsy, Erb’s palsy is a type of brachial plexus injury that affects the complex bundle of nerves between the neck and shoulders (the brachial plexus) and causes weakness in the shoulder and arm muscles.
“Brachial plexus palsy is weakness or paralysis in parts of the arm as a result of significant injury to the brachial plexus, which can happen during childbirth.”
Most children make a full recovery within 1 to 3 months, but up to 25% of children will have ongoing problems with the affected arm. Some children who do not recover in 3 to 6 months need surgery to mitigate the nerve damage and regain function.
The following four types of nerve damage can result in any combination in Erb's palsy cases:
- Neurapraxia occurs when the nerves are stretched or strained during delivery but not torn, resulting in mild damage that generally heals on its own within a few months.
- Neuroma is a more severe stretching of the nerves which damages the actual fibers of the baby's nerves. Damage of this type typically does not heal completely, resulting in scar tissue that can pinch nearby healthy nerves.
- Ruptures involve an actual tear of nerve fibers. Torn nerves cannot heal and require surgery to reconstruct the nerve fiber using grafted tissue.
- Avulsions are the most severe type of nerve damage, involving the complete detachment of nerve fibers from the spinal cord. Severed nerves cannot be reattached and result in complete paralysis of the affected area.
If your child does not heal, you may be entitled to compensation. Contact our Erb’s palsy lawyers in Jackson, MS for more information.
What Causes Erb’s Palsy?
Erb’s palsy and other brachial plexus injuries typically happen during long or difficult deliveries. These injuries are more common when doctors use (or misuse) assistive devices like vacuum or forceps.
Risk factors for Erb’s palsy include:
- Large babies (macrosomia)
- Diabetic mothers
- Maternal obesity
- Multiples (twins, triplets, etc.)
- Breech (feet first) births
- Prolonged labor
- Shoulder dystocia
Erb’s palsy occurs when:
- The infant’s head and neck pull toward the side as they pass through the birth canal
- The infant’s shoulders are stretched during a head-first delivery
- Breech delivery exerts pressure on the baby’s raised arms
While some cases of Erb’s palsy are unavoidable, others could have been prevented with careful planning. If your doctor fails to recommend a cesarean birth (C-section) when your child weighs more than 8 pounds, 13 ounces (4,000 grams) at birth, for example, you may be looking at a case of medical malpractice. Any time a doctor does not act with the same level of care that another doctor would have exercised in the same (or a similar) situation, their behavior can be considered negligent and be cause for legal action.
This is especially true when your child suffers a lifelong disability as a result.
Birth injuries like Erb’s palsy often lead to civil lawsuits. If you are ready to file a birth injury lawsuit, ‘Maggio | Thompson, LLP can help.
Why Choose Our Firm?
Whether your child needs surgery, physical therapy, and/or a lifetime of assistive care and devices, these treatments do not come for free. ‘Maggio | Thompson, LLP helps ensure that the medical professional who is responsible for your child’s injuries is held financially accountable for their actions.
We fight for you and your family when other firms won’t, so you don’t have to face the financial consequences of someone else’s mistake. A child with Erb’s palsy may face all sorts of difficulties, but if you trust our firm, we will do everything in our power to make sure finances aren’t one of them.
Additionally, our attorneys will not charge you any legal fees unless we win your case, and we are available 24/7 for any questions or concerns you may have.
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