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Miami Erb’s Palsy Lawyer | Florida Erb’s Palsy Attorney

Erb’s Palsy typically occurs during difficult or prolonged childbirth, where excessive force is applied to the baby’s shoulder or neck during delivery. This can stretch or tear the brachial plexus nerves, which control movement and sensation in the arm, leading to weakness, paralysis, and loss of function. The severity of Erb’s Palsy can vary, ranging from mild cases with partial recovery to more severe cases requiring extensive medical intervention and lifelong disabilities.

Families whose children have been diagnosed with Erb’s Palsy due to medical negligence may be entitled to seek compensation through a medical malpractice lawsuit. Compensation may cover medical expenses, rehabilitation costs, ongoing therapy, assistive devices, and pain and suffering.

At Flanagan & Bodenheimer, our experienced birth injury lawyers have a proven track record of success in handling birth injury cases. If you believe that medical malpractice may have contributed to your child’s Erb’s Palsy diagnosis, contact us at 305-638-4143 for a free consultation.

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What Causes Erb’s Palsy?

In many cases, Erb’s Palsy is preventable and may be the result of medical negligence or malpractice during childbirth. Common factors that may contribute to Erb’s Palsy include:

  • Improper Delivery Techniques: Healthcare providers may use excessive force, traction, or improper delivery techniques such as shoulder dystocia, leading to nerve damage and Erb’s Palsy.
  • Failure to Recognize Risk Factors: Healthcare providers have a duty to recognize risk factors for shoulder dystocia and Erb’s Palsy, such as macrosomia (large birth weight), maternal diabetes, or breech presentation. Failure to identify and address these risk factors may constitute medical negligence.
  • Delayed or Improper Response: In cases where shoulder dystocia occurs, prompt and appropriate intervention is crucial to prevent birth injuries like Erb’s Palsy. Failure to respond promptly or using incorrect maneuvers to resolve shoulder dystocia can result in nerve damage and permanent disability.

What Compensation Is My Family Entitled To After an Erb’s Palsy Diagnosis?

When a child is diagnosed with Erb’s Palsy, a birth injury that can result in lifelong disabilities, families are often faced with significant emotional, physical, and financial challenges. Seeking compensation through a medical malpractice lawsuit can provide essential support to cover the costs of medical care, rehabilitation, and ongoing therapy. The types of damages that can be recovered in an Erb’s Palsy lawsuit include:

  • Medical Expenses: One of the primary forms of damages sought in an Erb’s Palsy lawsuit is compensation for medical expenses. This may include costs associated with prenatal care, labor and delivery, hospitalization, surgeries, diagnostic tests, medications, rehabilitation services, and ongoing medical treatments.
  • Future Medical Care: Children with Erb’s Palsy often require long-term medical care and therapy to manage their condition and maximize their potential. Damages may include compensation for future medical expenses, including anticipated surgeries, therapies, assistive devices, and adaptive equipment needed throughout their lifetime.
  • Pain and Suffering: Children with Erb’s Palsy may experience physical pain, emotional distress, and psychological trauma as a result of their condition. Damages for pain and suffering seek to compensate the child for the physical discomfort and emotional anguish they endure, as well as the impact on their overall well-being.
  • Loss of Earning Capacity: In cases of severe Erb’s Palsy that result in permanent disabilities, damages may include compensation for the child’s loss of earning capacity. This accounts for the potential limitations on the child’s ability to pursue certain careers or employment opportunities in the future due to their condition.
  • Loss of Enjoyment of Life: Children with Erb’s Palsy may face limitations in their ability to participate in activities they enjoy, such as sports, hobbies, and social events. Damages for loss of enjoyment of life seek to compensate the child for the impact of their condition on their ability to engage in meaningful and fulfilling activities.

Navigating the legal process of pursuing damages in an Erb’s Palsy lawsuit can be complex, but with the help of experienced birth injury attorneys, families can seek the compensation and justice they deserve. If your child has been diagnosed with Erb’s Palsy and you believe medical negligence may be to blame, don’t contact us at 305-638-4143 for a free consultation. 

As a birth injury lawyer in Miami, navigating cases involving Erb’s Palsy requires a deep understanding of both the medical complexities and the legal implications for affected families. While this condition can vary in severity, its long-term consequences can significantly impact the child’s life and the family’s future.

The long-term consequences of Erb’s Palsy can vary depending on the severity of the injury and whether it is effectively treated. In some cases, children may recover fully with physical therapy and other interventions. However, for others, the effects can be permanent and may include:

  • Limited Range of Motion: Children with Erb’s Palsy may experience difficulty moving their affected arm, leading to limitations in daily activities and challenges in participating in sports or recreational activities.
  • Muscle Weakness: Weakness in the affected arm muscles can affect the child’s ability to perform tasks that require strength and coordination, such as lifting objects or grasping items securely.
  • Functional Impairments: The inability to fully use one arm can impact the child’s independence and ability to perform self-care activities, such as dressing, feeding, and personal hygiene.
  • Psychological Impact: Living with a visible physical difference or impairment can have psychological effects on a child, including feelings of self-consciousness, low self-esteem, and social anxiety.
  • Educational Challenges: Difficulties in using the affected arm may also affect the child’s academic performance, handwriting, and participation in classroom activities.

How Our Miami Birth Injury Lawyers Can Help

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  • Establishing Liability: Determining whether medical professionals failed to adhere to the appropriate standard of care during childbirth and whether their actions or inactions directly contributed to the child’s injury.
  • Seeking Compensation: Pursuing compensation for medical expenses, ongoing therapy and rehabilitation costs, adaptive equipment, pain and suffering, and other damages associated with the child’s injury and long-term care needs.
  • Navigating Complexities: Birth injury cases can be legally complex, requiring a thorough investigation, expert testimony, and strategic advocacy to achieve a favorable outcome for the injured child and their family.

Contact Our Miami Erb’s Palsy Attorneys For a Free Consultation

Erb’s Palsy can have significant long-term consequences for affected children and their families, impacting physical function, emotional well-being, and financial stability. By providing compassionate support and expert legal guidance, our birth injury attorneys play a crucial role in helping families navigate the challenges of Erb’s Palsy and secure the resources they need to provide the best possible care for their child’s future.

While our main offices are located in Miami, FL and Hollywood, FL, we accept cases throughout all of Florida. This includes Fort Lauderdale, Hialeah, Homestead, Kendall, Pembroke Pines, Miramar, West Palm Beach, Boca Raton, Tampa, Orlando, Jacksonville, Naples, and other areas. We handle a range of personal injury cases in Florida including wrongful death, car accidents, truck accidents, motorcycle accidents, cruise ship injuries, slip and falls, spinal cord injuries, brain injuries, mesothelioma, and more.

Contact us 24/7 at 305-638-4143 for a free consultation. 

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