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subject: Questions To Ask An Erbs Palsy Lawyer [print this page]


Erbs Palsy is a trauma to the shoulder suffered by the newborn baby during birth. Since the condition is often preventable, the families of children with Erbs Palsy are advised to contact an Erbs Palsy lawyer to protect their rights of recovery. Here are some questions to ask your lawyer during your meeting:

1. How do I know if my child has Erbs Palsy?

Your childs pediatrician or orthopedist is in the best position to examine the child and observe any of the symptoms that might be associated with Erbs Palsy. Symptoms include but are not limited to paralysis of shoulder, lack of control in the shoulder, inability to feel sensation in the shoulder, limited fine motor skills and in severe cases, even stunted growth of the arm or hand. Diagnostic tests such as x-rays or MRIs can be performed to see if there a fracture, dislocation or tear of the shoulder. Finally, the doctors can review the history of childs labor and delivery to ascertain if it was a difficult procedure, if the child was too large and if there was a noted record of the baby getting stuck during the delivery process. An Erbs Palsy lawyer will have his own medical expert review all prior medical records and consultation reports and advise you of whether the records show that the child was diagnosed with Erbs Palsy.

2. What caused my child to have Erbs Palsy?

Erbs Palsy is often caused by trauma. During labor and delivery if an excessive force is used on the infants neck and head in order to pull the rest of the babys body out, an injury to the shoulder can result called Brachial Palsy, or otherwise known as Erbs Palsy. The obstetricians and nurses are trained to manipulate the babys body in a certain way to cause him to be released from under the mothers pelvic bone and come out. Another option is to perform a c-section instead of a vaginal delivery if the baby is found to be too large, in order to prevent the babys body being trapped. Erbs Palsy occurs if the doctor fails to heed to emergency c-section and instead tugs the infants head repeatedly causing nerve damage in the shoulder, which can range from bruise to tear. Erbs Palsy lawyers review the babys pre-natal history, especially records of weight gain, together with mothers record to ascertain how the shoulder injury to the child came about.

3. Will the doctor pay the medical bills for my childs treatment

Erbs Palsy is treated with physical and occupational therapy, as well as surgery to correct the detachment from the spinal cord. Unfortunately, the condition is often life long, and many families find it hard to keep up with the medical bills for all the treating providers. An Erbs Palsy lawyer can sue the negligent physician for non-monetary damages, such as pain and suffering, as well as monetary damages. If the lawsuit is successful, the doctor or his insurance company can ordered to pay the childs past or future medical and hospital bills.

by: Frank Torres




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