Birth Injuries: Cerebral Palsy and Erbs Palsy

Some of the most common birth injuries result from two very different conditions known as cerebral palsy and Erb's palsy. Cerebral and Erb's palsy are often the result of complications during birth. But cerebral palsy can happen before or after delivery.

If you believe that a medical professional's actions caused your child's birth injury, it's wise to consider bringing a medical malpractice case. An experienced birth injury attorney can help. They can explain your legal options relating to a brain injury lawsuit, including available compensation and what parties you can hold responsible for the personal injuries. Most attorneys will offer a free case review for a cerebral palsy or an Erb's palsy lawsuit.

Although bringing legal action can't alone remedy the damage caused by medical negligence, it could improve the child's and caregivers' quality of life and cover medical bills. Birth injury lawyers can also help you hold responsible parties accountable for their actions and bring justice for you and your loved ones with a birth injury lawsuit.

This article discusses two common birth injuries and what to do if you need to bring medical malpractice legal action against a medical provider for their negligence.

Cerebral Palsy

Cerebral palsy includes several disorders affecting a baby's brain function and body movement. It can result from an injury to a baby's brain in the womb, during delivery, sometime after birth, or from a lack of oxygen flow to a baby's brain during delivery.

Common Causes of Cerebral Palsy

Situations contributing to cerebral palsy include the following:

• Untreated fetal distress during the birthing process
• A treating physician/obstetrician's failure to provide adequate oxygen to the baby, such as by c-section, or unreasonable delay in performing the procedure
• A mother's use of a harmful prescription drug during pregnancy
• Prolonged bleeding in the baby's brain after delivery, usually due to head trauma
• Extremely premature birth

Cerebral Palsy Symptoms

Symptoms of cerebral palsy in a child may take some time to show. Slow development or missing milestones can signal the condition.

Risk factors for cerebral palsy include the following:

• Toxic exposure or infections from the mother
• Certain illnesses as a newborn, including bacterial meningitis, viral encephalitis, severe jaundice, or bleeding to the brain
• Poor prenatal care

The lifetime costs for treating cerebral palsy can be expensive. A successful lawsuit can ensure your family has the financial means to cover your child's care costs.

Erb's Palsy

Erb's palsy, also known as brachial plexus palsy, happens in about two out of every 1,000 deliveries. It's a birth injury that happens when a baby suffers a brachial plexus injury. The brachial plexus is a group of nerves that travel from the spinal cord to the arm.

Common Causes of Erb's Palsy

Erb's palsy happens most often during delivery when the baby's head or neck gets stretched to the side. It can also happen due to the baby's shoulder position. This condition is shoulder dystocia. It can happen if the shoulders become trapped in the birth canal after delivery of the head. A breech birth is also a risk factor leading to Erb's palsy.

The condition happens most frequently in babies of higher-than-average birth weight. It can happen when health care providers use forceps or vacuum devices with too much pressure during delivery. When the brachial plexus stretches too far, nerves get torn or ruptured.

Symptoms of Erb's Palsy

Symptoms of Erb's palsy in the baby can include the following:

• Paralysis or limpness in the arm
• Limited or no movement in fingers and hands
• Loss of sensation in the hands and fingers

Often, the baby holds the affected arm very close to the body and cannot move the arm, hands, or fingers.

Erb's palsy complications are typically the result of a treating physician or obstetrician's:

• Failure to recognize that the delivery required a cesarean section due to the baby's size
• Failure to adequately deliver the baby in situations involving shoulder dystocia
• Use of excessive pressure on the baby's head, neck, or shoulder during delivery

Erb's palsy usually results in a baby's inability to rotate and flex their arm fully. If the nerve sustains damage during delivery, permanent nerve damage may result. If no tearing has happened, bruising and swelling around the network of nerves should subside. Typical movement is usually possible within a few months.

Treatment and Therapy for Erb's Palsy

If a baby gets diagnosed with Erb's palsy, treatment and therapy, such as arm immobilization and special exercises, may help to improve or eliminate the condition. If the condition is severe or permanent enough, surgery may be necessary to correct the problem. If you believe a medical professional caused Erb's palsy in your child, contact an Erb's palsy attorney. An Erb's palsy lawyer may be able to help you recover compensation for a successful claim.

What Compensation Is Available for a Birth Injury?

There are several reasons you may want to bring a medical malpractice claim. Your primary goal for filing a medical malpractice lawsuit may be holding the health care professionals accountable for their actions. Or you may be most concerned with getting financial compensation in the birth injury case.

Bringing a legal action for substandard medical care leading to either cerebral palsy or an Erb's palsy case can achieve both.

Several types of damages are available in cases involving birth injuries. These damages include the following:

• Future medical expenses, including physical therapy and occupational therapy
• Lost future earnings
• Emotional distress

State law can limit certain damages in medical malpractice cases, such as pain and suffering. But, economic damages are not limited. Economic damages cover all monetary losses, including medical expenses. Your attorney will help you provide detailed proof that the case warrants the economic damages claimed.

Get Legal Help for Your Cerebral Palsy or Erb's Palsy Claim

If you're dealing with a birth injury, speak to an experienced medical malpractice attorney right away. Like most civil actions, medical malpractice actions have a statute of limitations. A plaintiff must bring their claim before the statute of limitations expires, or they could lose the right to sue forever.

Birth injuries like cerebral palsy and Erb's palsy are challenging for parents to deal with alone. You need a team to help. Discussing your case with an experienced medical malpractice lawyer can help. Most attorneys representing clients in birth injury law offer a free case evaluation.

It can be challenging to cope with the medical ramifications of a child living with permanent brain damage. It's also difficult to understand the cause of the harm and whether your family should get compensation for it. When you enter an attorney-client relationship with a lawyer, they must seek your family's best interests.