Erb’s Palsy Legal Cases
By Younker Hyde Macfarlane on April 30, 2013
There are few joys more pleasurable in life than playing as a child. Whether climbing trees with friends or making stuffed animals come to life, playtime is essential to the development of a child’s social and mental skills and a rite of youth. Fun, vigorous activity is the birthright of any child.
Sadly, many children are deprived of the full ability to enjoy their playtime due to restricted use of their shoulders, arms, and hands. Erb’s palsy is a condition caused by the stretching of the spinal nerve roots that comprise the brachial plexus, to which the nerves of the arm are connected. Children with Erb’s palsy may experience symptoms ranging from limited sensation to restricted motion in the shoulders, arms, and hands. In many instances, Erb’s palsy subsides on its own; however, in others, medical or even surgical intervention may be necessary. Some children never gain full movement and feeling in their upper limbs.
In most cases in which a child is at risk of Erb’s palsy, delivery room personnel take quick and appropriate measures to protect the baby. Unfortunately, in some cases, timely action is not taken, or clear signs of a difficult birth are not recognized, and the newborn suffers needlessly as a result. In such cases, our Utah Erb’s palsy attorneys can take swift legal action against the negligent party or parties in order to protect the rights of the innocent newborn and his or her family.
If your child suffers from Erb’s palsy due to birth complications, we urge you to arrange for an evaluation of your case by our experienced medical malpractice attorneys. Utah law firm Younker Hyde Macfarlane, PLLC can investigate the circumstances of your child’s birth injury and advise you of your legal rights and options.
How Is Erb’s Palsy Caused?
The stretching of the brachial plexus usually occurs when the baby’s shoulder is obstructed by the mother’s pelvic bone during birth. This is a fairly common occurrence that delivery room personnel are (or should be) highly trained to deal with. There are several options for ensuring the safe delivery of the baby; however, the right method under the circumstances must be chosen at the right time. For example, if an emergency C-section is to be performed, there is a limited window of time for the surgery to occur before injury cannot be avoided.
In some cases, the use of forceps or vacuum extraction is the best course of action for delivering a baby at risk of Erb’s palsy. However, if these methods are not carried out carefully or properly, or if they are not administered in a timely fashion, the likelihood of serious birth injury increases substantially. In fact, negligent use of forceps or vacuum devices may not only fail to prevent Erb’s palsy, but also cause serious brain injury, such as cerebral palsy.
If you are in need of an experienced, highly skilled Erb’s palsy or cerebral palsy lawyer, Utah law firm Younker Hyde Macfarlane, PLLC has an entire team’s worth. To learn more about your legal rights and options as the parents of a child harmed by medical malpractice, we encourage you to contact our Utah birth injury attorneys today.
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They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family.- Jill S.