The American Academy of Orthopedic Surgeons states that Erb’s palsy due to shoulder dystocia is an injury that occurs during labor. This condition usually causes weakness or paralysis of the arm. If the doctor or nurses delivering the baby are negligent or make a mistake or poor judgment call, these injuries could occur.
If your child has been injured due to the fault of a medical professional, a Dayton Erb’s palsy and shoulder dystocia lawyer could help. Your family deserves to be compensated for the damages that occurred because of another person. Our attorneys are ready to advocate for your family to protect your rights.
How Much Is My Erb’s Palsy and Shoulder Dystocia Lawsuit Worth?
Determining an average settlement amount with these cases can be difficult because all cases are different. Some circumstances can influence the value of each claim. Taking the value of recoverable damages into account is one step our attorneys will take to determine the value of your claim.
Recoverable damages are the money a court requires someone to pay to make up for injuring someone. Recovering damages is intended to compensate the victim for actual financial losses, also known as economic losses. They are also intended to compensate the victim for non-economic losses. Non-economic losses are non-monetary losses and are not associated with an exact amount of money lost.
Economic damages include:
- Medical bills: Including any hospital stays, ongoing medical care, medications, surgeries, and other miscellaneous medical costs
- Rehabilitation costs: If your child needs physical therapy or occupational therapy, the cost for those treatments can be included in your claim.
Non-economic damages include:
- Pain and suffering: This includes any pain, anguish, discomfort, or inconvenience your child may endure because of their injury.
- Loss of enjoyment: If your child cannot participate in activities due to their injury, you could include “loss of enjoyment” in your claim.
Since non-economic damages do not have an exact monetary value associated with them, they can be more difficult to calculate. The Dayton attorneys at The Fitch Law Firm know how to do this, however, and can help you determine your Erb’s palsy or shoulder dystocia losses’ value.
Children Suffer Erb’s Palsy and Shoulder Dystocia for Many Reasons
Risk Factors for Erb’s Palsy and Shoulder Dystocia
Medical professionals should be aware of the risk factors for Erb’s palsy and shoulder dystocia. If babies exhibit risk factors for these conditions, the medical professionals delivering the baby should alter the birthing plan to ensure the baby is delivered safely.
Cleveland Clinic states that risk factors include:
- Large infant size or birth weight
- Previous pregnancy involving shoulder dystocia
- Gestational diabetes in the mother
- Breech positioning
To mitigate Erb’s palsy, medical professionals need to estimate the baby’s size and weight accurately. They should know when to perform a C-section if the baby can not be delivered vaginally.
Causes of Erb’s Palsy
StatPearls reports that shoulder dystocia causes Erb’s palsy. Shoulder dystocia occurs when one or both of the baby’s shoulders gets stuck inside the mother’s pelvis during labor or birth. American Family Physician states that using forceps and vacuum extractors can increase the risk of shoulder dystocia. If risk factors are present for shoulder dystocia, medical professionals need to determine if a C-section is necessary.
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How does Erb’s Palsy and Shoulder Dystocia Affect Children?
Erb’s palsy affects the shoulder, arm, and elbow in most cases. Cleveland Clinic reports that signs and symptoms of this condition include:
- Paralysis or limpness in the shoulder, arm, and elbow: People who suffer from total paralysis of the arm cannot lift their arm away from their body or bend their elbow.
- Hand muscles are generally not affected, but sometimes those who suffer from this condition may have tingling or numbness in their hands.
- A hand position where the palm of your hand points towards the back, and fingers curl
The severity of the injury can impact the long-term effects Erb’s palsy will have on an infant. In many cases, these injuries can heal on their own. Parents may need to perform rehabilitation exercises with their infant to help with recovery.
Some children may experience abnormal muscle growth, leading to long-term weakness or muscle growth. The arm could be shorter and lead to disability. The disability can affect the child’s physical health and emotional well-being.
At The Fitch Law Firm, We Will Advocate for Your Family
We work hard to make sure our clients receive the compensation they need at our firm. We will represent you to aim to reach the best outcome possible. At The Fitch Law Firm, we provide the following to our clients:
- Free consultations: If you believe your child has Erb’s palsy because of a mistake made by the medical team that delivered your baby, we want to talk. We can determine if you have a personal injury case and answer any questions.
- No-fee guarantee: We do not charge any fees for our services until you have been awarded money. All fees are discussed upfront, so you will not have to wonder how much you owe.
- To fight against insurance companies: We will work hard to reach a fair settlement, and if we can not settle, we will fight for you in court.
- Someone available 24/7 to take phone calls: Communication is important to us and we will get back to you quickly.
- Considerate representation: We will come to you if you cannot drive to our offices.
We have recovered millions of dollars in past verdicts and settlements. Our goal is to help your family with any financial hardships you might be going through because of your child’s injury.
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Call Today for a Free Erb’s Palsy Shoulder Dystocia Consultation
An Erb’s palsy and shoulder dystocia lawyer serving Dayton is ready to take on your case. If you or a loved one is suffering from this condition, contact us today by calling (937) 660-4232. We look forward to hearing from you and helping you with your case.
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