Houston Attorney for Brachial Plexus Palsy Caused During Childbirth
The “brachial plexus” is a tight grouping of nerves in the shoulder. These nerves attach to the spinal cord in the neck and bring nerve signals into the shoulder and down through the arm to provide signals and feedback from the rest of the nerves in your arm and shoulder. Many times during childbirth, the baby gets their neck and shoulder cramped at odd angles, resulting in serious injuries and possible palsy or paralysis effects to this nerve cluster.
If your baby suffered a brachial plexus injury or palsy from their birth, you may be entitled to sue the doctor for failing to keep your baby safe or for causing these injuries through negligence. For a free legal consultation on your potential birth injury case, contact our Houston attorneys for brachial plexus palsy from childbirth. The Queenan Law Firm’s experienced injury lawyers represent injury victims and their families in lawsuits against negligent doctors responsible for birth injuries. For your free legal consultation, call us today at (817) 476-1797.
How Birth Injuries Cause Brachial Plexus Palsy and Erb’s Palsy
During birth, your child could need to be moved or adjusted to avoid difficult positioning. In cases of “breech,” the baby might be backwards with their head poised to come out last. This can cause serious complications, so the baby may need to be manipulated to turn them head-first or a C-section might be necessary to get the baby out without causing injuries. Other times, the positioning of the baby could be awkward or strained rather than completely backwards.
Many times, brachial plexus injuries are caused by putting too much pressure on the arm or neck, causing the body to be cramped. If this positioning causes the nerve to be cut-off or pressed on for a long time, it could cause injuries. This nerve damage can result in reduced motor control or paralysis in the arm and shoulder, often called a “palsy.” This palsy is often diagnosed as “Erb’s palsy.”
Brachial plexus palsy is commonly identified by a still arm that is turned down and away from the body. The baby’s arm might be loose, or the baby may have little to no control over the stiff limb. The baby’s head might also be naturally turned because of weakness in the neck and shoulder.
In many cases of brachial plexus palsy, the baby will recover. Given time and physical therapy, the baby may recover movement in the affected areas. However, more severe nerve damage cannot repair itself the same way that damage to other tissue can, and babies with brachial plexus palsy could face symptoms for the rest of their lives.
Suing for Erb’s Palsy and Brachial Plexus Injuries in Newborns
In many cases, Erb’s palsy or brachial plexus injuries are not caused by random chance or unclear “complications.” Instead, many of these cases can be linked to injuries that the doctor caused while delivering the baby or mistakes in judgment that allowed the baby to face additional complications.
These brachial plexus injuries are often caused by a doctor’s errors in judgment or mistakes during delivery. In many cases where the delivery is difficult or the baby is especially large, brachial plexus injuries are more common. However, doctors are often required to make quick decisions to help prevent injuries, and failing to do so could increase the chance of a brachial plexus injury.
If a baby is left in the womb in a cramped position for a long time, these injuries are common. It may have been irresponsible for a doctor to allow this to happen, and it may have been a better care decision to induce labor or perform a C-section to get the baby out faster without injury.
In some cases, forceps are used to help get a baby into position or get the baby out of the womb faster. Sometimes, these forceps are misused or force is applied in an unsafe way, actually causing brachial plexus injuries when the neck is stretched or the shoulder is overextended. These kinds of injuries can also be considered quite negligent.
If you can prove that the doctor’s care fell below the standards of care you and your baby should have received, you can typically sue for medical malpractice for these kinds of injuries. During trial, you can have another doctor testify as an “expert witness” as to what your doctor did wrong and what they should have done differently to avoid injuries.
Compensation for Birth Injuries in Texas
Under Texas law, you can claim financial compensation for injuries that a negligent doctor caused when providing sub-standard healthcare. This can help you get damages to cover the additional medical care, physical therapy, and other damages you and your family will face because of your child’s injuries.
In many cases, Erb’s palsy requires additional treatment. Your baby could need physical therapy and rehabilitation to help attempt to reverse the effects of the injury. In some cases, this additional care could continue into their childhood and adulthood if the injury was severe enough.
If your child grows up and faces permanent injuries and disabilities from the birth injury, they may be unable to support themselves financially. Lost wages and reduced earning capacity in the future can also be projected and compensated in a lawsuit for birth injuries.
Lastly, the child’s pain and suffering can be compensated. This can include the interruption and disruption in their life brought about by the disability, including the mental effects of the injury.
Call Our Houston, Texas Erb’s Palsy and Brachial Plexus Palsy Lawyers
If your child was born with a crooked or still arm, they may be suffering from a brachial plexus injury and Erb’s palsy. For a free legal consultation and to learn more about filing a lawsuit for this type of injury, call The Queenan Law Firm today. Our Houston brachial plexus palsy lawyers for birth injuries may be able to take your case and fight to get you the compensation you and your family need for these birth injuries and medical mistakes. For a free legal consultation, call us today at (817) 476-1797.