Damages for Erb's Palsy

Erb's palsy is a condition characterized by weakness or paralysis in the arm, typically resulting from damage to the brachial plexus nerves. In many instances, the injuries that lead to Erb’s palsy in infants are caused by the careless actions of the doctors caring for the mother during delivery, such as the excessive stretching or pulling of the baby's head and neck. Families often face significant challenges when caring for a child with Erb's palsy. Fortunately, they can often help alleviate the financial burden associated with their child’s care by pursuing damages in birth injury lawsuits against the providers responsible for their child’s harm. If your child has Erb’s palsy that you believe was the result of medical negligence, it is in your best interest to talk to an attorney about your options. At Arfaa Law Group, our trusted Baltimore birth injury attorneys can assess the facts of your case and advise you regarding your potential claims.

The brachial plexus is a complex network of nerves that control the muscles of the hand, arm, and shoulder. This condition is often associated with difficult or prolonged deliveries, where the infant's shoulder becomes lodged behind the mother's pelvis during the birthing process. This often leads to a condition known as shoulder dystocia.

When Erb's palsy is caused by a birth injury, the affected parties can take legal action to pursue compensation for the losses caused by the condition. Recoverable damages include medical expenses, including the costs of diagnostic tests, surgeries, rehabilitation, physical therapy, and any necessary assistive devices. Ongoing medical care, adaptive equipment, and therapy may also be factored into the compensation to address the long-term needs of the child. In addition to economic losses, damages can include compensation for non-economic losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

In order to recover damages for Erb’s palsy, the impacted parties must first demonstrate liability. Typically, parents of children who suffer from Erb’s palsy and other birth injuries will demonstrate fault via negligence claims asserted in medical malpractice lawsuits.

In a medical malpractice lawsuit in Maryland, a plaintiff must establish four elements to successfully prove negligence on the part of the defendant. First, the plaintiff must demonstrate that the defendant owed the plaintiff a duty of care. The duty owed, which arises out of the healthcare provider-patient relationship, is to offer treatment that meets the applicable standard of care, which is the care that a reasonable practitioner working in the same practice area would offer in a similar scenario. Second, the plaintiff must show a breach of the duty owed by demonstrating how the healthcare provider deviated from the standard of care expected in similar circumstances. Typically, expert testimony is needed to both establish the standard of care and the ways in which the defendant breached the standard.

Third, the plaintiff must establish that they suffered actual harm and demonstrate a causal connection by demonstrating a direct link between the defendant’s breach of the duty owed and the injury or harm suffered by the patient. This usually requires expert testimony as well. The plaintiff will also need to provide evidence of the damages incurred, substantiating the extent of their physical, emotional, or financial harm resulting from the defendant’s negligence.

Erb’s palsy is a debilitating condition, and in many cases, the impairments it causes are permanent. If your child sustained Erb’s palsy due to mistakes committed by a healthcare provider during the birthing process, you may be able to recover damages in a medical malpractice lawsuit, and you should speak to an attorney. The capable Baltimore birth injury lawyers of Arfaa Law Group are proficient at helping families impacted by medical negligence in the pursuit of damages, and if we represent you, we will fight to help you pursue the results you deserve. Our office is located in Baltimore, and we regularly help families seek justice in birth injury cases throughout the city. You can contact us through our form online or at 410-889-1850 to arrange a meeting.