Baltimore Erb's Palsy Lawyer

Erb’s palsy, also known as Erb-Duchenne palsy, is a condition typically caused by a brachial plexus injury, such as when a baby’s shoulder gets stuck on the mother’s pelvic bone during labor and delivery. The condition involves permanent damage to the nerves in a baby’s shoulder, arm, wrist, hand, and fingers.

Common symptoms of Erb’s palsy include:

• Weakness or paralysis in the affected arm: The most noticeable symptom is the inability to move the affected arm or limited movement compared to the unaffected arm.
• Loss of sensation: Some individuals with Erb’s palsy may experience numbness or decreased sensation in the affected arm.
• Lack of muscle control: The affected arm may have muscle stiffness or floppiness, making it difficult to control movements.
• Arm held at the side: In severe cases, the affected arm may hang limply at the side of the body, with the elbow bent and the forearm rotated inward.
• Limited range of motion: Individuals with Erb’s palsy may have difficulty with certain movements, such as lifting the arm overhead or rotating the shoulder.
• Abnormal reflexes: Reflexes in the affected arm may be diminished or absent compared to the unaffected arm.

If the condition isn’t timely recognized by a doctor or nurse and treated properly, a baby’s nerves can be stretched and permanently damaged during delivery.

What Causes Erb’s Palsy?

When a child is born, their delicate neck and shoulder area must pass through the cervix, and any pressure on the brachial plexus or neck nerves can cause those nerves to rupture or bruise. In some cases, a brachial plexus injury may be inevitable, and doctors may not be able to limit the impact on a child.

Most cases are caused by physical injury during the delivery process.

Some of the most common causes of Erb’s palsy include:

• Poor angling of the baby through the birth canal: Prior to labor, the unborn baby moves down through the uterus. A baby may become tangled in the process, and their arms can pass over their head as the baby exits the womb. In such a case, a skilled physician should be actively working to mitigate the risk of nerve damage by performing certain medical maneuvers and checking scans.
• Stretching of the arms during a breech birth: When a baby is delivered in a breech presentation, the doctor may need to pull them out by the legs. If this is done incorrectly, the baby’s arms may extend over their head during labor, causing the brachial plexus nerves to tear or stretch.
• Incorrect use of forceps during delivery: Forceps and vacuum extraction tools can be dangerous, so although they’ve saved many lives in difficult labor situations, they must be handled with care. Using forceps may result in a brachial plexus injury or in shoulder dystocia.

Associated Medical Conditions with Erb’s Palsy

The following are several specific injuries or medical conditions that can be related to Erb’s palsy:

• Brachial plexus injury: This is the primary condition associated with Erb’s palsy. It occurs when the nerves of the brachial plexus, which control movement and sensation in the shoulder, arm, and hand, are stretched, compressed, or torn during childbirth. This injury can lead to weakness or paralysis in the affected arm.
• Shoulder dystocia: Shoulder dystocia is a complication that can occur during childbirth when the baby’s shoulder gets stuck behind the mother’s pubic bone. This can put excessive pressure on the brachial plexus nerves, leading to injury and the development of Erb’s palsy.
• Klumpke’s palsy: Klumpke’s palsy is another type of brachial plexus injury, but it affects the lower brachial plexus nerves, specifically the nerves that control the muscles of the hand and forearm. Unlike Erb’s palsy, which primarily affects the upper arm and shoulder, Klumpke’s palsy leads to weakness or paralysis in the hand and forearm.
• Horner’s syndrome: Horner’s syndrome is a rare condition that can occur as a result of damage to the lower brachial plexus nerves. Symptoms of Horner’s syndrome include drooping of the eyelid (ptosis), constriction of the pupil (miosis), and decreased sweating on one side of the face.
• Nerve avulsion: In severe cases of brachial plexus injury, the nerves can be completely torn away from the spinal cord, resulting in nerve avulsion. This type of injury often requires surgical intervention to repair the damaged nerves and restore function to the affected arm.
• Neuropathic pain: Some individuals with Erb’s palsy may experience neuropathic pain, which is a type of chronic pain caused by damage or dysfunction of the nervous system. Neuropathic pain can be difficult to treat and may require a combination of medications and other therapies to manage effectively.

A thorough understanding of these associated conditions is crucial for tailoring appropriate treatment plans. For parents navigating these challenges, access to a multifaceted healthcare team—comprising of pediatricians, neurologists, and physical therapists—is key in developing a comprehensive care strategy for their child.

Preventing Erb’s Palsy: What You Need to Know

Not every instance of Erb’s palsy is caused by a doctor or nurse’s negligence. However, many cases of Erb’s palsy could have been prevented if the attending physician properly identified and avoided the known risks of Erb’s palsy, including:

• The mother’s narrow hips or small pubic bone
• A large-sized or overweight baby
• The use of forceps, a vacuum, or other delivery tools
• The mother has gestational diabetes
• Prolonged labor

Proper prenatal care and regular screenings are essential preventive measures. Doctors can evaluate potential risk factors that might lead to difficult labor scenarios. Educating expecting parents about these risks enables them to be proactive partners in the birthing process, potentially opting for planned cesarean delivery where necessary. Such measures could minimize the chances of encountering this condition.

How does a Lawyer Establish Negligence?

When a medical professional fails to identify and avoid risks to a patient’s health, it could be considered negligent. If the professional’s negligence can be proven, the patient may be able to claim compensation. You may be able to claim compensation for your child if they were harmed during birth.

However, proving negligence can be complicated and difficult, so you may want to leave it to a lawyer from our firm. To establish a person’s negligence, you or your lawyer must:

• Show that the medical professional/their employer owed your child a duty of care, or a responsibility to perform in a manner that protects your baby from harm
• Show that the professional/employer breached their duty, or failed in their responsibility to perform safely
• Show that your baby suffered injuries
• Show that the professional/employer’s breach of duty was the proximate cause of your child’s injuries

An experienced Erb’s palsy attorney in Baltimore can provide guidance through this complex process. Legal experts can gather comprehensive medical records and employ expert witnesses to support your claim by affirming that the medical care provided fell below the accepted standard of care. This can significantly influence the outcome of your legal endeavor.

What Kind of Compensation Could I Claim for My Child?

The aim of filing an insurance claim or lawsuit is to obtain financial compensation for your child’s injuries and related issues. You’ll be able to cover out-of-pocket expenses for your child’s healthcare, and your child will be compensated for their suffering and disability.

Our attorneys have recovered many different damages for their clients, including:

• Medical expenses and related expenses, including the costs of any necessary surgeries
• The costs of physical and occupational therapies
• The costs of accessibility devices
• Lost work wages for family members who must care for their child
• Physical pain and suffering
• Mental and emotional anguish

It's crucial to evaluate the long-term needs of the child, including lifelong care or therapy. Ensuring comprehensive compensation includes exploring all possible damages. An adept legal team can work with financial experts to estimate these future costs and fight to secure the necessary funds for the child's ongoing care and well-being.

Can You Sue for Erb's Palsy in Maryland?

You can pursue a legal claim for your child’s Erb’s palsy. However, if you’re considering filing a lawsuit, you should act soon. In Maryland, parents have 5 years from the date of an incident or 3 years from the date of an Erb’s palsy discovery—whichever is sooner—to file a medical malpractice lawsuit, per Md. Cts. & Jud. Proc. §  5-109. There are complexities to this rule, though. One of our firm’s attorneys can help you meet this deadline.

Contact Brown & Barron online today to schedule a free case review with an Erb's palsy lawyer serving Baltimore.

Local Resources for Families Facing Erb's Palsy

Families dealing with Erb's palsy in Baltimore can access various local and national resources, offering support and educational materials essential for managing this condition. The Kennedy Krieger Institute in Baltimore is renowned for its pediatric care, offering rehabilitation services tailored for children with nerve injuries. It's important for affected families to connect with support groups such as the United Brachial Plexus Network, which provides a wealth of information and community support for families globally.

Locally, families can attend workshops or therapy sessions to better understand the rehabilitation process for Erb's palsy. Ensuring a robust support network can help mitigate the emotional and physical challenges associated with the condition. Exploring avenues for therapy and interacting with other families in similar situations can offer valuable comfort and practical insights.

Frequently Asked Questions about Erb's Palsy

Can Physical Therapy Help with Erb's Palsy?

Physical therapy is often a cornerstone in the treatment of Erb's palsy, aiming to improve mobility and strength in the affected limb. Early intervention can be crucial, as it encourages recovery and adaptation in nerve and muscle functions. Specific therapy programs are designed to cater to each child's unique needs, focusing on exercises that enhance range of motion and functional use of the arm. Therapists can employ various techniques, including stretching, strengthening exercises, and neuromuscular electrical stimulation, each tailored to aid in recovery and improving daily functions.

Parents and caregivers play a significant role by continuing these exercises at home, reinforcing what is learned during therapy sessions. The continuity of care maximizes the potential for recovery, ensuring that progress achieved during professional sessions is maintained and built upon over time. The collaboration between therapist, child, and family is vital for achieving the best possible outcomes.

What Is the Long-Term Outlook for a Child with Erb's Palsy?

The long-term outlook for a child with Erb's palsy can vary depending on the severity of the injury and the promptness of intervention. Many children experience substantial improvements with consistent therapy and in some cases, surgical interventions. Proper management can lead to full or near-full functional recovery, allowing for active participation in daily and physical activities. However, in some instances, children may continue to experience limitations in strength and use of the arm.

Regular follow-ups with healthcare providers are essential to monitor progress and adjust treatment plans as necessary. Technological advancements and tailored rehabilitation programs continue to improve outcomes for children with Erb’s palsy, offering hope for a more functional life regardless of the initial prognosis.

How Can I Tell If Medical Negligence Caused Erb's Palsy?

Determining the role of medical negligence in causing Erb's palsy requires a detailed investigation into the birthing process and the actions of healthcare professionals involved. Indicators of negligence might include improper use of birthing tools or failure to act when complications occur. Legal teams typically review medical records, interview witnesses present during the birth, and consult with medical experts to evaluate the standard of care provided.

For families suspecting negligence, consulting with an attorney experienced in birth injury cases can provide clarity and direction. Legal experts can help discern whether negligence occurred and advise on potential next steps in pursuing compensation. A methodical approach towards collecting and examining evidence is crucial to building a robust legal argument.

Is Surgery Always Necessary for Erb's Palsy?

Not all children with Erb’s palsy require surgical intervention. The decision largely depends on the degree of nerve damage and the child’s response to therapy. Mild cases often resolve with physical therapy and time, as nerve function improves naturally. However, when significant nerve damage or avulsion is diagnosed, surgery might be advised to repair or graft damaged nerves, improving functionality.

Surgical options can include nerve grafting or tendon transfers, often followed by specialized rehabilitation to aid full recovery. It’s essential to work closely with medical professionals to understand the potential benefits and risks associated with surgery, ensuring that the chosen treatment path aligns with the child's specific needs and overall well-being.

What Are the Cost Implications for Managing Erb's Palsy?

Managing Erb's palsy can involve substantial costs, including medical treatment, therapy, and potentially adaptive equipment. Many families may need to account for ongoing physiotherapy sessions, surgical procedures, and supplementary healthcare support. Financial implications vary depending on the severity of the condition and the response to treatments.

Legal recourse may offer a mechanism to recover financial damages related to these expenses, relieving some of the burden on affected families. Consulting with a legal adviser can provide insight into potential compensation routes, enabling families to better manage the economic challenges associated with ongoing care.

About Our Firm

Our legal team represents some of the most vulnerable people in our community, including medical patients and children. We know it can be difficult or impossible for some of these people to stand up to large entities, like hospitals, and their insurers, so we want to support these people in their efforts.

To support our clients, we provide comprehensive legal services. We investigate incidents for them, build their cases, and negotiate on their behalf with insurers. When necessary, we go to court for our clients and defend them there.

We’re leaders in our profession with a strong track record. Many of our attorneys have achieved multi-million-dollar settlements and verdicts for our clients. Many of our clients have chosen us because of our track record but also because we care about them and our community.

You Deserve Our Support

Your attending physician and medical staff had a duty to properly assess all the risks and respond appropriately and promptly. If you believe your doctor failed in their duty to you and your baby, contact our Baltimore Erb’s palsy lawyers.

Contact Our Team Today

If your child has been diagnosed with Erb’s palsy, one of our attorneys at Brown & Barron wants to fight on your behalf for the compensation your child deserves. We will thoroughly investigate your Baltimore County case to determine whether your child’s injury was caused by negligence or malpractice.

Our trusted legal team is determined to help the devastated parents of children suffering from birth injuries obtain the compensation they deserve. Don’t face this difficult and stressful time without our help and support.  

Call our firm at (410) 698-1717 today for a free consultation with a member of our team.