Proving Negligence in an Illinois Erb’s Palsy Case

 Posted on August 29, 2024 in Birth Injury

Many expecting mothers create a birth plan that outlines how they want their delivery to occur. They think through all the scenarios they can imagine and decide things like whether they will want an epidural, dimmed lights, calming music, or a water birth. However, some scenarios cannot be foreseen. For example, a baby can suffer from shoulder dystocia during birth and develop an injury called Erb’s Palsy. If your baby has Erb’s Palsy due to negligence during birth, you might be eligible for compensation. Speak with a qualified Chicago, IL birth injury attorney to learn more.

What is Erb’s Palsy?

Sometimes during birth, the nerve network near the shoulder and neck known as the brachial plexus can be damaged. This can happen when the baby’s shoulder is stuck, and a doctor pulls hard to free it. This nerve damage can cause an injury known as Erb’s Palsy.

It can cause numbness, lack of muscle control, and paralysis of the fingers, hand, arm, and shoulders, and these symptoms can be temporary but are sometimes permanent disabilities. Erb’s Palsy is an example of how medical negligence during birth can cause a victim lifelong physical, social, and emotional consequences for families.

The good news is that babies who are injured at birth and suffer from Erb’s Palsy can be helped significantly with early intervention and treatment. Unfortunately, recovery is often very time-consuming and expensive, requiring specialized care.

Can I Prove That Medical Negligence Caused My Baby’s Erb’s Palsy?

When an injury is the result of negligence, the victim can file a medical malpractice suit, which can lead to their injury-related medical bills and other costs being covered. It might not be easy to prove that your baby’s condition was caused by medical negligence during delivery, but if you follow these steps, it is possible.

• Gather evidence: To prove negligence in Illinois, you need to show that the medical staff did not follow the standard of care. In this specific case, you need to demonstrate that the medical team that handled your birth did not properly address the shoulder dystocia, leading to Erb’s Palsy. Collect medical records, witness statements, and any other documents that can show what went wrong during the delivery.
• Consult medical experts: Have medical experts review your case and explain whether the care you received was suitable. If the injury could have been avoided with proper medical care, their expert opinion would reflect that.
• Validate your damages: You need to prove that the medical negligence was the direct cause of your baby’s injury and that it led to specific damages. These damages can include medical costs, long-term care needs, and pain and suffering for both the baby and the family.

Schedule a Free Consultation with a Cook County, IL Birth Injury Lawyer

If your baby has Erb’s Palsy due to shoulder dystocia, speak with a knowledgeable Chicago, IL birth injury attorney about filing a medical malpractice case. In Illinois, you need to prove that medical negligence was to blame. At Birth Injury Law Alliance, Ltd., we are passionate about helping families get justice in these trying circumstances. Call us at 312-462-4200 to schedule a free consultation.