Erb's Palsy Cases

Birth Injury Lawyers in Jackson serving all of Mississippi

Erb's palsy is a condition characterized by an injury to the brachial plexus, or network of nerves that surround the shoulder, that result in weakness or even paralysis to the arm. If your child is born with this condition, immediately contact birth injury lawyers in Jackson to see if you are entitled to reasonable compensation for your claim.

The nerves comprising the brachial plexus control feeling and motion in the shoulder, hand, and arm. The nerves in this area can be injured during a difficult birth delivery when the baby's neck and head are turned toward the side as the shoulders exit the birth canal. Pulling excessively on the shoulders can cause a brachial plexus injury, as can improper use of forceps or of a vacuum extractor.

Approximately 90 percent of brachial nerve injuries during delivery are temporary and heal within one year. If scar tissue forms around healthy nerves, however, there may not be total recovery. In the case of an avulsion, in which the nerve root is severed from the spinal cord, there may be permanent impairment or paralysis, unless there is immediate surgical intervention.

Jackson Birth Injury Lawyers at Langston & Langston, PLLC Protect Plaintiffs' Rights

Injury lawyers in Jackson at Langston & Langston, PLLC can bring a claim against the delivery physician and staff who must meet a certain minimal standard of care. In an Erb’s palsy case, physicians and staff may not have considered the health of the mother or the size of the baby to be delivered. The plaintiff must prove that the negligent act of the physician or staff caused the injury, which can be very difficult without the skill and expertise of a Mississippi birth injury attorney from Langston & Langston, PLLC, who can explain these facets of your claim.

Further, Mississippi hospitals cannot be held liable for the negligent acts of its physicians if they are independent contractors and the patient relied upon a specific doctor to handle her delivery and care. If lack of informed consent is alleged, or failure to adequately disclose known side effects and risks about a procedure, expert testimony is required to prove the allegation.

Also, any birth injury claim must include a certificate from the plaintiff's attorney attesting to his having consulted with a knowledgeable professional who concluded there was a reasonable basis for the action. There are some exceptions to this rule, so you're advised to consult with the birth injury lawyers of Langston & Langston, PLLC either online or toll free at 1(888) 329-0827 regarding this important component.