In the USA it is estimated that in 1000 newborns 2 will be suffering from Erb’s palsy. This is not a seriously problematic or life-threatening condition but it is absolutely frightening and no parent would like to see it in their newborn child. See more on it on the link.
In this article, we’re going to talk about this problem, how to solve it, and what you can expect from it. Read on if you want to learn more about it!
What is Erb’s palsy?
This is a condition that is occurring during the birth. If the child’s neck is not properly placed it may suffer damage on the neck’s nerves during its way through the birth canal. These nerves are easily damageable and the result is a condition named after Wilhelm Heinrich Erb who made a thorough thesis in 1874 on the subject after which the condition got its name.
It may happen from shoulder dystocia which is caused when the doctor must physically adjust the baby in its proper position to get out from the birth canal. However, sometimes this can cause a bigger problem, like tearing off the nerves there who create the condition we’re talking about.
The condition causes one of the arms, the one that the nerves are responsible for to stop working properly by which the arm loses its strength and function. It is easily recognizable because the baby won’t be able to move anything from the shoulder down, except for the fingers who are located in the opposite direction than they should be because the whole arm is not placed properly.
What to do in this case?
Since this is a doctor’s mistake, you need to ask for a malpractice claim. Hiring a lawyer is the best option. They will explain everything you need to know about the process that’s going to follow.
It’s important to find the best Erb’s Palsy lawyer. There are lots of law representatives out there but they are not all specialized in this matter. Look for the one that has a lot of experience in the subject and have a license about working with this kind of matter.
Why is this important? Because most attorneys are not skilled to deal with the medical matter. If you go to court, your representative must know what the other party’s talking about when they mention some of the medical terms for nerves, arms, bones, etc.
For example, a business lawyer knows all about merging companies but know nothing about the types of nerves in the baby’s neck. A lot of times, the attorney that is doing this job is a person who also studied medicine or is a retired doctor themselves. This way they can easily get around the medical labyrinths and the terminology that not everyone understands.
Why is it important to ask for a claim?
Treating Erb’s Palsy is normal and the positive outcome over time is around 80%. That means 8 out of 10 children will get to adult age without having the problem anymore. However, during this time you’ll need to go to a lot of therapy and spend a lot of time walking around hospitals.
Putting the time and the effort aside, you’ll have to pay for all these things. Why you’re the one that is supposed to pay for someone else’s mistake, right? As a parent, you’ll have to take your child to the therapy sessions and spend so much time in exercise with your child because there’s no other who can do these parenting obligations. Still, paying for it is simply too much. See the stages of treating the problem on this link: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2724163/.
When the lawyer presents the case to the hospital’s representative, they’ll probably reach an agreement without going to court. This is best for both parties as there won’t be additional expenses in every form. You need to talk to your attorney about the amount you’ll be looking for and what’s best to be done.
As you can see, it’s your right and almost an obligation toward your child to look for compensation about the caused damage. Without it, the only suffering from the trauma will be your whole family and no one else.