Erb’s Palsy is an injury inflicted on the brachial plexus, which is a region of nerves situated in the upper portion of the spine. The brachial plexus is responsible for transmitting signals from the spinal cord to the shoulders and upper extremities. Erb’s Palsy may not only lead to significant impairment and lack of strength in the extremities but also could result in a lifelong disability requiring extensive medical care and treatment. If your child has suffered this type of nerve damage, you should speak with a Phoenix Erb’s Palsy lawyer who could investigate your potential case further.
A birth injury attorney could help you determine whether the negligent behavior of a medical professional caused your child to suffer harm. Additionally, an attorney could advocate aggressively on your behalf for the full scope of damages you deserve.
The onset of Erb’s Palsy in infants may be attributable to medical negligence. For example, if the doctor failed to monitor the expectant mother for complications properly or proceeded with a vaginal birth when a C-section may have been advisable, the child may be severely injured. Other potentially negligent circumstances that could lead to a brachial plexus injury include using excessive force to deliver a child who is in breach or pulling on the baby’s arm too hard during delivery.
Erb’s Palsy specifically involves injuries to the C5, C6, and C7 regions of the cervical spine, which adversely impacts the baby’s use and range of motion in their upper arms. Children with Erb’s Palsy may exhibit signs of the condition with weakness in the upper arms or involuntary muscle movement. In some cases, the child may experience total paralysis in their upper arms.
When a child suffers Erb’s Palsy, and medical negligence is the suspected cause, a Phoenix attorney would be required to prove several criteria to establish a valid birth injury claim. For instance, the attorney must show that a physician-patient relationship existed prior to the injury and consequently, that the doctor owed the baby a duty of care. Additionally, the lawyer must prove that the physician breached this duty of care, and the child suffered injuries as the direct result of this violation. An attorney could consult with medical experts and collect supporting evidence to prove liability in the claimant’s case for damages.
Arizona Revised Statutes §12-542 establishes a two-year period in which birth injury claimants may file a claim for damages. A parent must speak with an Erb’s Palsy attorney in Phoenix as soon as they discover their baby’s injury to ensure compliance with the deadline and to discuss any exceptions which may apply. Generally speaking, children are provided a specific exception under state law which provides that the two-year statute of limitations would not begin until they turned 18.
Medical providers should be held legally accountable for acts of negligence. When a physician or other member of a medical team is careless in their professional duty to patients, they may have a just basis on which to file a civil lawsuit. A Phoenix Erb’s Palsy lawyer could help determine whether you may be eligible for damages. Contact our office today for legal assistance.