1. I’ve heard the term Brachial
Plexus Palsy in the same discussion as Erb's Palsy; what is that?
Both Brachial Plexus Palsy and
Shoulder Dystocia are other names for Erb's Palsy.
2. What kind of treatment
should we expect?
Treatment usually involves
physical and electrical therapy. You will also be instructed to
do exercises with your child at home. Surgery is a last resort
for children that are not progressively getting better.
3. When does an Erb's Palsy
injury occur?
This injury can occur at any
time, but most often occurs during birth.
4. I’ve heard of Cerebral
Palsy; is it the same thing as Erb's Palsy?
Cerebral palsy is an
umbrella-like term used to describe a group of chronic disorders
impairing control of movement that appear in babies and does not
generally do not worsen over time. Erb's falls under this
category.
5. How long will my child take
to recover?
In many cases it may only be a
few months, yet in more serious cases the process may take up to
two years. When a child reaches the age of two, it is likely
that they will have made all the improvements they will make in
their lifetimes.
6. Should I contact an
attorney regarding my child’s Erb's Palsy?
Yes. You should choose an
attorney who has expertise in medical malpractice and
specifically in Cerebral or Erb's Palsy.
7. Are there risk factors
associated with Erb's Palsy?
The following have been
considered risk factors in some mothers:
- High weight baby-- more than 8
lbs. 14 oz)
- Maternal diabetes
- Maternal obesity
- Overdue pregnancy
- Short maternal stature
- Platypelliod, or contracted or
flat pelvis
- More than 35 lbs. Of weight
gained by the mother
- Protracted first stage of
labor
- Breech or other abnormal
presentation of a fetus, while not a risk factor, but it can
result in such an “injury.”
8. What are the early symptoms
of Cerebral or Erb's Palsy?
Typically, early symptoms are of
a developmental nature. Children with such an injury may be slow
to crawl, walk, smile or roll over. The parents are normally the
first to recognize the delay in development. The earliest
symptom noticed by medical personnel will be a limp or paralyzed
arm or lack of muscle control in the arm or hand. This symptom
sometimes occurs while the child is still in the hospital.
9. How would a physician
diagnose Erb's Palsy?
Often, diagnosis involves testing
an infant's motor skills, checking muscle tone, developmental
milestones and unusual postures. Doctors may also test the
child's reflexes and the early development of hand preference,
an unusual infant trait.
10. Will my baby be subjected
to any type of medical testing?
It is common to order a CT
(computed tomography). This test uses x-rays and a computer to
create a picture of the brain's tissues and structure. Such a
test may reveal areas that are underdeveloped or it may uncover
other physical problems. CT scans allow physicians to better
judge the long-term outlook for the child.
11. What benefit will a
successful lawsuit have?
A successful lawsuit will have
the benefit of providing funds to help the injured party. Such
funds allow parents to get further therapy, necessary surgery,
or other special needs that they would otherwise not be able to
afford. No one will try to convince you that money will repair
the damage that has been done, but it can help lessen the impact
caused by the injury.
12. What is the time period in
which to bring a lawsuit?
This differs greatly from one
state to another. You will need to speak to a lawyer in your
particular jurisdiction to find out what applies in your
circumstances.
13. How can I afford an
attorney?
Typically, attorneys in this type
of suit are paid on a contingency fee basis. This means that the
attorney gets a percentage of any recovery you receive from the
lawsuit. You pay nothing unless you win your case.
14. What has to be proven in
order to win a case such as this?
The person suing (plaintiff) has
to prove the following:
-
That the medical staff didn't
follow accepted standard of care, AND
-
This departure from accepted
procedures caused the injury. Simply because there is an
injury doesn't mean that someone is at fault. Expert witnesses
will testify for both sides. The expert witnesses will state
why they believe (or disbelieve) that someone was at fault for
your child's injuries.
15. How long will a lawsuit
take?
It varies greatly from state to
state, but you should plan 4 to 5 years as an average time to
have your case heard and a judgment made.
16. Could our case settle
before going to trial?
Yes, but you should prepare as if
a trial will eventually take place. If a case settles, it
happens at the last minute. Plaintiffs are not the ones in
control of a settlement; defendants are.
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