If medical negligence or malpractice led to your child’s Erb’s palsy, seeking legal representation from a trusted Charleston, West Virginia Erb’s Palsy Attorney can be crucial in obtaining the justice and compensation your family deserves. To arrange a free consultation, call Tiano O’Dell, PLLC today at (681) 233-9346 or message us online.
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Why Choose Our Erb’s Palsy Attorney in Charleston, WV?
- We recognize the emotional toll a birth injury can have on a family. Our attorneys approach each case with empathy and compassion, listening to your concerns and providing personalized attention throughout the legal process.
- Our Charleston, WV medical malpractice law firm has the resources necessary to build a strong case and maximize the compensation you recover.
- We take Erb’s palsy cases on a contingency fee basis, which means you only pay legal fees if you win.
What is Erb’s Palsy?
Erb’s palsy, also known as Brachial Plexus Birth Palsy, is a condition that affects the brachial plexus, a network of nerves that controls movement and sensation in the shoulder, arm, and hand. This birth injury typically occurs during a difficult delivery, especially when excessive force is applied to the baby’s head, neck, or shoulder area. The signs and symptoms of Erb’s palsy can vary, but common indicators include:
- Limited or no movement in the affected arm.
- Weakness or loss of sensation in the arm.
- Arm held against the body.
- Partial or complete paralysis.
- Lack of muscle control or coordination.
Diagnosing Erb’s palsy usually involves a thorough medical examination, including imaging tests and evaluations by specialists such as orthopedic surgeons and neurologists. Early intervention and treatment can significantly improve the prognosis for children with this condition.
Possible Causes of Erb’s Palsy
Each case is unique, but several potential medical errors and negligence can lead to the development of Erb’s palsy, including:
Excessive Force During Delivery
One of the leading causes of Erb’s palsy is when a healthcare provider pulls or twists the baby’s head, neck, or shoulder too forcefully, resulting in damage to the brachial plexus nerves.
Improper Use of Assisted Delivery Techniques
Assisted delivery techniques, such as forceps or vacuum extraction, may be necessary in certain situations. However, incorrect placement or excessive force when applying forceps or vacuum can result in nerve damage leading to Erb’s palsy.
Failure to Identify Risk Factors
Healthcare providers have a duty to identify and address risk factors that may increase the likelihood of a difficult delivery or brachial plexus injury. Factors such as a large baby, maternal diabetes, prolonged labor, or abnormal fetal presentation should be taken into account. Failure to recognize these risk factors and adjust the delivery plan accordingly may constitute medical negligence.
Inadequate Skills or Training
Medical professionals involved in the delivery process, including obstetricians, nurses, and midwives, should possess the necessary training, skills, and knowledge to handle potential complications. Inadequate training or lack of proficiency in techniques to manage difficult deliveries can increase the risk of birth injuries, including Erb’s palsy.
Delayed or Improper Response to Fetal Distress
Fetal distress can occur during labor, indicating that the baby is in distress, and immediate action is required. Failure to respond promptly or appropriately to signs of fetal distress, such as abnormal heart rate or oxygen deprivation, can contribute to complications during delivery that lead to Erb’s palsy.
Failure to Perform a Timely Cesarean Section
In some cases, a cesarean section (C-section) may be necessary to ensure the safe delivery of the baby. If healthcare providers fail to recognize the need for a C-section or delay its performance when it is medically indicated, the risk of birth injuries, including Erb’s palsy, may increase.
Lack of Communication and Coordination among Medical Staff
Effective communication and coordination among the medical team during childbirth are crucial. Failure to communicate important information, misinterpreting medical records, or a lack of teamwork can contribute to errors and preventable birth injuries.
Why Hire a Charleston, WV Erb’s Palsy Attorney?
Here are several reasons why it is critical to hire an experienced Erb’s palsy attorney if your child suffered a known birth injury:
- Previous Experience in Birth Injury Cases: Our attorneys have in-depth knowledge and understanding of the medical and legal aspects involved in these cases. Their experience allows them to navigate the complexities of the legal system and build a strong case on your behalf.
- Determine Liability: Determining liability in Erb’s palsy cases can be challenging. An experienced lawyer will thoroughly investigate the circumstances surrounding your child’s birth injury to identify all potentially liable parties.
- Gathering Evidence: Building a solid case requires collecting and analyzing extensive evidence. A lawyer has the resources and access to medical experts who can review your child’s medical records and birth history. They will work to establish a clear connection between the negligence of the healthcare provider and your child’s diagnosis. This evidence will strengthen your claim and increase your chances of a successful outcome.
- Negotiating with Insurance Companies: An experienced Erb’s palsy attorney will handle all communications and negotiations with insurance providers on your behalf. They understand the tactics used by insurance companies and will work to protect your rights and secure fair compensation for your child’s injuries.
- Determining Fair Compensation: An attorney can assess the long-term impact of the condition on your child’s life to determine the appropriate amount of compensation to pursue.
- Trial Representation: While many cases are settled outside of court, some may require litigation. If a fair settlement cannot be reached through negotiation, your attorney will be prepared to fight for your child’s rights in court.
Dealing with the emotional and legal complexities of a birth injury case can be overwhelming. Our Erb’s palsy and cerebral palsy lawyer in Charleston, WV is prepared to provide the support and guidance you need throughout the process. They will answer your questions, explain the legal proceedings, and advocate for your child’s best interests every step of the way.
Speak to Our Charleston, WV Erb’s Palsy Attorney Today
If your child has been diagnosed with Erb’s palsy as a result of a birth injury, do not hesitate to contact Tiano O’Dell, PLLC. We offer free consultations, call (681) 233-9346 or send us a message online today.