A Brief Look at Erb's Palsy

A brief overview of this particular condition is provided along with some insight into the legal recourses for the afflicted.

Erb's Palsy is a disorder that many people are unfamiliar with. This is because most expectant parents are unfamiliar with this condition unless it occurs during the delivery. To most parent's dismay, is often discovered that instances of medical malpractice are what led to the onset of the Erb's Palsy. In particular, it is a stretching of the nerves in the shoulder that leads to the condition. That is, if the doctor is too forceful when he removes the child from the birth canal is possible that the nerves in the shoulder can end up being stretched.

Now, some may wonder what would be the effects of stretching the nerves. The end result is usually severe nerve damage. Anyone who is familiar with the nerve damage noticed that it often has a very dangerous ripple effect. For example, nerve damage originating in the shoulder area can lead to dysfunction in the shoulder, arms, hand, and fingers. In other words, they can greatly impede as the baby's ability to have full use of its limbs. This, of course, could be considered a handicapping condition.

Now, this does not mean that there is no treatment for the condition or that it can never be overcome. However, treatment is not an issue when the injury occurs. The issue is the negligence that led to the injury. This is why there are a number of legal standings for those who wish to file lawsuits against doctors and hospitals whose negligence led to the development of Erb's Palsy.

Why does this negligence in delivery occur? Perhaps the doctor was not paying attention Perhaps the doctor was unaware of the amount of force he was using. Regardless of the reason, such accidents should never occur in the first place. This is why seeking legal recourse after such an instance occurs makes perfect sense.

 

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Damages and Erb's Palsy

There is a great deal of variety in terms of the damages one can seek if injured by this medication.

Parents may be confused as to what type of damages to seek when filing a suit after a child suffers from Erb's Palsy. For those not familiar with the condition, Erb's Palsy is a Form of paralysis in the arm that derives from nerve damage in the shoulder during birth. Often, it is medical malpractice that is the cause of Erb's Palsy. Correcting Erb's Palsy is difficult and often involves complicated surgeries. So, many parents will seek damages to recover these medical costs as well as pain and suffering. There are, however, various other damages parents can seek as well.

One of the main problems with Erb's Palsy is that if it can not be corrected in time there may be a number of residual effects that will stay with the child through his life. For example, if the condition is not properly treated and corrected by the end of the child's first year it will be possible that the child will develop arthritis. This arthritis may or may not be curable. If the arthritis persists then this will greatly handicap many of the tasks the child can perform in life. As a result, there are a number of professions where the child will not be able to work (or work effectively) due to the arthritic condition. Because this might directly affect a child's future work history, factors related to potential loss of income could be included into any damages sought.

Really, it is not up to the parents to speculate what type of damages to seek. It is the attorney's domain to decide what would be the right type of damages to include in the lawsuit. However, it is always advisable to discuss any questions regarding damages with an attorney so as to explore the potential damages to seek.

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Erb's Palsy and Parental Responsibility

Sometimes the ability to reduce the instances of this condition are found in the parents behavior. However, this is not an excuse for medical malpractice.

In regards to Erb's Palsy some people may assume that the fault of the condition lies with the mother. Now, some may assume that this assessment is a bit cruel. This is because blame is most often placed at the feet of the doctor who performed the delivery. Actually, the parent may be responsible for the development of Erb's Palsy but it is the doctor who must be responsible for proper diagnosing the condition.

First, it is important to point out that if the mother of the baby is obese then there is the possibility that the child will suffer from Erb's Palsy. This does not mean if the mother is a few pounds overweight that a significant risk is present to the child. However, if the mother is 35lbs. overweight then a significant risk of Erb's palsy is present. In a way, the mother would have to share some blame for the development of this condition in the child. Obviously, if the mother was not overweight then the potential for the child to contract this particular problem would be limited.

While it does make sense that the mother would take care of herself while pregnant, many women do not pay attention to their health. These health problems can then lead to complications with the birth.

Of course, the mother is not a qualified doctor. That means she may have no idea that her excess weight presents a risk to the child. If she did she would probably lose the extra weight in order to reduce the complications in the pregnancy. However, if the expectant mother is unaware of any problems she cannot correct the situation. This is where the physician's professional skills come into play.

That is, if the doctor realizes that an obese mother creates the foundation for the potential development of Erb's Palsy then the doctor must take the proper precautions and delivering the child. While the mother maybe at some full for the situation, the doctors not absolved from preventing the onset of any serious conditions.