Adept Erb's Palsy Attorneys
If your child is exhibiting symptoms of or has been diagnosed with Erb’s palsy, you are likely overwhelmed with the potential exercises, physical therapy, and maybe even surgeries that are necessary. The idea that their injury was caused through medical negligence is frustrating. However, you are not alone. The Wichita Erb’s palsy lawyers of Prochaska, Howell & Prochaska LLC want to secure financial compensation for the injury, which can help you better care for your child.
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Dealing with birth injuries, such as Erb’s Palsy, can be emotionally and physically challenging for both the affected child and their family.
In these cases, it’s of the utmost importance to be a strong advocate for your child’s needs within the healthcare system, educational institutions, and the community. Ensure that they receive the necessary support and accommodations to thrive.
This is when the assistance of a Wichita Erb’s Palsy lawyer is critical.
Erb’s Palsy and Malpractice
This condition is also known as brachial plexus birth palsy, is a condition that affects the nerves in the shoulder and upper arm. This type of injury occurs during childbirth when there is difficulty in delivering the baby’s shoulder, leading to damage or stretching of the brachial plexus nerves. The brachial plexus is a network of nerves that control the shoulder, arm, and hand muscles.
There are four types of Erb’s Palsy:
- Neuropraxia – This is the least severe and most common of all the brachial plexus injuries occurring outside the spinal cord. This is a “stretch injury” where the nerve is not torn but damaged by stretching. This causes a conduction block, but fortunately, does not involve permanent structural damage to the nerve.
- Neuroma – When an injured brachial plexus nerve tries to repair itself, it forms scar tissue around the injury and interferes with the nerve sending signals to the muscles. The scar tissue forms specifically between the proximal and distal ends of the nerve to create a neuroma.
- Rupture – In this injury, the nerve tears outside the spinal cord, causing damage to the nerve cells and supporting blood and connective tissue. If only the nerve cells are damaged, they can fully recover and grow again.
- Avulsion – This is the most severe type of this condition, which involves the nerve being completely removed and torn off from the spinal cord. It usually occurs at the nerve rootlets or close to the spinal cord.
The severity of Erb’s Palsy can vary, and it may result in weakness or paralysis of the affected arm (palsy means “weakness”). Common symptoms include a lack of muscle control in the arm, limited range of motion, and potential loss of sensation.
Risk factors for Erb’s Palsy include difficult or prolonged labor and using assistive devices such as forceps or vacuum extraction during delivery. This condition is commonly caused by injury to the brachial plexus nerves during childbirth.
Some common causes include:
- Shoulder dystocia: This occurs when the baby’s head passes through the birth canal, but the shoulders get stuck behind the mother’s pelvic bone. It can put excessive pressure on the brachial plexus during delivery.
- Assisted deliveries: The use of assistive tools such as forceps or vacuum extraction can increase the risk of brachial plexus injuries. Improper or forceful use of these tools may cause stretching or tearing of the nerves.
- Breech birth: When a baby is born with feet or buttocks first, there is an increased risk of shoulder entrapment, leading to brachial plexus injuries.
- Excessive pulling: If a healthcare provider exerts excessive force while pulling the baby during delivery, it can cause damage to the brachial plexus nerves.
- Maternal diabetes: Mothers with diabetes may have larger babies, increasing the likelihood of shoulder dystocia and potential brachial plexus injuries.
- Large babies: Macrosomia, or the birth of a larger-than-average baby, is a risk factor for this condition. The baby’s size can make it difficult for the shoulders to pass through the birth canal without injury.
It’s important to note that early and appropriate intervention, including physical and occupational therapy, can significantly improve outcomes for individuals with Erb’s Palsy. In severe cases, surgical procedures may be recommended to repair damaged nerves or address associated orthopedic issues.
Up to 90% of children with this condition make a full recovery.
For those who don’t, however, the long-term prognosis varies for each individual, and ongoing medical care and support are often necessary to manage and address the specific challenges associated with this medical condition.
Families may choose to consult with an attorney specializing in birth injury cases to explore their legal options and seek compensation for the associated medical expenses and emotional distress.
Hiring an Attorney Who Handles Erb’s Palsy Cases
Hiring a lawyer is crucial for several reasons. First and foremost, these attorneys specialize in cases related to birth injuries, specifically this type of palsy. Their expertise in this field ensures that they understand the complexities and nuances associated with these cases.
One key reason to hire a dedicated lawyer, like those here at Prochaska, Howell & Prochaska LLC, is their ability to navigate the legal process effectively. Birth injury cases can be intricate, involving medical records, expert testimonies, and legal procedures.
An experienced attorney will be well-versed in handling these aspects, ensuring a comprehensive and well-prepared case.
Moreover, a Wichita Erb’s Palsy lawyer serves as an advocate for your rights and interests. They act as a liaison between you and the responsible parties, whether it be medical professionals, hospitals, or insurance companies.
This representation is vital, especially when dealing with entities that may have legal teams of their own.
These attorneys also play a crucial role in assessing the damages and ongoing factors you may be facing to seek fair compensation. Birth injuries can result in long-term medical expenses, rehabilitation costs, and emotional distress.
A skilled lawyer will work to quantify these damages and fight for a fair and just settlement.
It’s important to note that not all palsy cases are due to medical negligence. Some cases are simply the result of challenging or complicated births.
However, if you find yourself in a case where Erb’s Palsy is believed to be the result of medical negligence or malpractice during childbirth, as when healthcare providers fail to take appropriate actions during a difficult delivery or use excessive force, legal action may be considered.
Hiring an Erb’s Palsy attorney is essential for their specialized knowledge, ability to navigate the legal system, advocacy for your rights, expertise in assessing damages, and providing much-needed support during a challenging time.
Contact us today for a free consultation, and let’s discuss your options!
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Bradley J. Prochaska
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James R. Howell
Attorney / Partnerlearn more
Ryan A. Prochaska
Attorney / Partnerlearn more
Michael W. Weber
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Jakob J. Provo
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Meet Our Attorneys
PHP Law Firm’s Wichita Erb’s palsy lawyers serve clients in Kansas, Missouri, Oklahoma, Illinois, and Colorado. If we feel you have a strong case, our goal will be to help you obtain medical malpractice compensation so your child can recover from their injury.