My child suffers from Erb’s palsy after birth, should I pursue a claim for compensation?

During the labor and delivery process, many things can go wrong that can ultimately lead to injury to the child. One such example is known as Erb’s palsy. This condition develops when the nerves in a baby’s upper arm are damaged as a result of a lesion located at Erb’s point. Erb’s point is the area near a baby’s neck where the fifth and sixth cranial nerves merge. In order to improve a baby’s chances for the best possible outcome, it is important to recognize the signs and symptoms. It is also important to protect your child’s legal rights and consider pursuing a claim for compensation.

6 Reasons to Pursue Compensation After an Erb’s Palsy Birth Injury

Why is it so important to pursue a claim for legal compensation after a diagnosis of Erb’s palsy? There are many such reasons, including the following:

  1. Your child has immediate medical and rehabilitative treatment needs that must be met. These needs will typically require A Young Child With Cerebral Palsy Using a Walkerfunds to be expended, whether it be directly or indirectly.

  2. One or both parents may need to take significant time away from working in order to provide the child with the care that he or she needs. This results in potentially substantial amounts of lost income.

  3. Your child will have ongoing day-to-day needs as well. These needs may continue for weeks, months, and even years. It is important that there is a source of funds available to cover these costs.

  4. While you may be able to provide for your child now, eventually, you may no longer be able to do so. This could be due to disability or death. It is crucial that you set aside funds in order to cover your child’s ongoing care even after you are no longer able to do so.

  5. As time goes on, new and cutting edge treatments or tools could become available that could significantly improve your child’s quality of life. Having the funds to pay for these new treatments or tools may have a serious impact on your child.

  6. If you do not pursue compensation on behalf of your child, the health care provider who made the mistake that led to the Erb’s palsy is not typically going to notify you or encourage you to pursue compensation. Instead, it is up to you to serve as your child’s advocate.

If you are ready to learn more about protecting your child’s legal rights after a birth injury, we are here to provide the guidance that you need. We encourage you to check out our many case results to learn more.


David Hodges
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David Hodges is a founding partner of Kennedy Hodges. He focuses his practice on personal injury claims.