How do you know if your Erb’s palsy was caused by medical negligence? If you answer YES to these questions, call a lawyer today.

September 14th 2014
 Was your erb's palsy caused by medical negligence? Ask yourself these 3 questions

1)      Is my  brachial plexus injury permanent?

The vast majority of brachial plexus birth injuries are resolved by 2 years of age. Nerves that are not severed can heal over time and much function can be restored. These injuries are  not typically caused by a doctor pulling.  After two years however the chances of the nerve regenerating are almost nil.  A permanent injury means more extensive nerve damage.

2)      Do I have severed or ruptured nerves? Usually this means  there has been surgery where a surgeon identifies nerve roots that are severed or ruptured from the spinal cord ( also called avulsions). Severed roots will never regenerated themselves on their own and are almost never caused by “nature”

3)      Did I have Shoulder Dystocia at birth?  This  obstetrical complication is usually ( but not always) identified in your mother’s birth records.  Typically you were a larger baby ( over 4000 grams) and your mother may also have been heavy. Diabetic moms also tend to have large babies. BPI accompanied by Shoulder dystocia is highly linked to medical neglect.

Sometimes your lawyers will need to request the medical records themselves to gather more detail. But these three items are the biggest red flags for an Erb’s palsy lesion caused by a doctor at delivery. These case are compensable and should be reviewed by a birth injury lawyer.

Andrea Girones is a personal injury lawyer in Ottawa, visit her website at www.gironeslawyers.com