When To Consult With An Erbs Palsy Attorney

Your child is now a toddler and has difficulty holding objects in his hands and complains of constant numbness in his shoulder

. You had a difficult labor and delivery, but the baby was born healthy and no one mentioned any problems. Only now, when you see your child struggling with fine motor skills you recall the frantic attempts of the physician to pull the baby out of you, tugging on his head. Could the doctors actions have caused an injury to your child? Contacting an Erbs Palsy attorney for a consultation may provide you with some answers and give your important information to consider, such as:

a. Erbs Palsy is caused by trauma during the delivery

Erbs Palsy is a condition also known as Brachial Palsy and involves the babys shoulders. If your child has been diagnosed with this condition, you have the right to know what happened and how the injury could have been caused. During the birthing process, even though the head of the newborn may have appeared, the rest of the body gets trapped and is unable to come out. Usually part of the babys shoulder becomes stuck under the mothers pelvic bone and the stretching of the nerves in the process of pulling the baby out may cause Erbs Palsy.

b. What are the symptoms of Erbs Palsy and how is it treated?

Depending on the severity of Erbs Palsy, it can be manifested by the following symptoms:

1. Paralysis of shoulder

2. Inability to control the shoulder

3. Inability to feel sensation in the shoulder

4. Lack of strength in the shoulder

5. Lack of fine motor skills

Erbs Palsy is treated with rigorous physical and occupational therapy, and many children go on to require further surgeries, since the trauma to the shoulder could be so severe as to cause a complete detachment from the spinal cord. Erbs Palsy attorneys, working closely with the medical experts, can review the childs birth records to see how the condition could have occurred and opinion on its severity.

c. How could Erbs Palsy have been prevented?

The doctor should realize if the shoulder of the baby is stuck during labor and delivery. There are a series of prescribed steps that health care professionals are advised to take in order to safely release the shoulder and take the baby out. However, a physician may panic and start to pull on the babys head causing the stretching that may lead to Erbs Palsy. Since this is a preventable condition an Erbs Palsy attorney will be able to ascertain, based on pre-delivery weight of the fetus if there was high probability that the baby would get trapped and a c-section would have been a safer way to proceed.

d. What is my time to sue the doctor?

New York places strict limits on the time to start medical malpractice lawsuits against physicians. Very often Erbs Palsy is not diagnosed until the child is a couple of years old, since the fine motor skills and coordination skills are developed during that period. An Erbs Palsy attorney will be able to sue the negligent doctor for damages, which may include lifelong pain and suffering, as well as long-term medical treatment and care.

by: Frank Torres

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