Albuquerque Erb's Palsy Attorney

What is Erb's Palsy?

Erb's Palsy is a form of brachial plexus injury that affects the network of nerves near the neck that control movement and sensation in the shoulder, arm, and hand. The condition typically arises during a difficult labor and delivery when an infant’s neck is stretched too far to one side, injuring the nerves.

There are four types of nerve injuries that may contribute to Erb’s Palsy:

• Neurapraxia – the most common and mildest form; nerves are stretched but not torn.
• Neuroma – the nerves are stretched and form scar tissue, which can interfere with nerve signal transmission.
• Rupture – the nerve is torn but not at the spinal attachment.
• Avulsion – the most severe type, where the nerve is completely torn from the spinal cord.

Infants with Erb’s Palsy may show signs such as:

• A limp or paralyzed arm
• Lack of muscle control in the shoulder, arm, or hand
• Limited range of motion
• Arm bent at the elbow and held against the body

While some children recover fully, others may suffer long-term or permanent disabilities.

Common Causes of Erb’s Palsy Due to Medical Malpractice

Many cases of Erb’s Palsy are directly linked to complications during childbirth that could have been avoided with proper medical care. As Albuquerque Erb’s Palsy lawyers, we often see the following instances of negligence:

• Excessive Force During Delivery: Using too much force when pulling the baby during delivery, especially when shoulder dystocia (when the baby’s shoulder becomes stuck behind the mother’s pelvic bone) is present, can damage the brachial plexus nerves.
• Improper Use of Delivery Tools: The incorrect use of forceps or vacuum extractors can exert unnecessary pressure on a newborn’s neck and shoulders.
• Failure to Recommend a C-Section: If a baby is large (macrosomia), breech, or labor is prolonged, doctors should consider a cesarean section to prevent shoulder dystocia and other complications.
• Delayed Action During Complicated Labor: Medical staff must respond quickly and appropriately to emergencies during labor. Failing to act promptly can result in preventable nerve damage.

If your child’s Erb’s Palsy was caused by any of these or similar medical errors, you may be entitled to file a birth injury claim against the responsible healthcare provider.

Short- & Long-Term Impact of Erb’s Palsy

The effects of Erb’s Palsy can vary widely depending on the severity of the nerve damage and the timeliness and quality of treatment.

Short-term effects may include:

• Weakness or partial paralysis in the affected arm
• Loss of sensory function
• Lack of arm movement
• Frequent physical therapy sessions

Long-term effects can include:

• Permanent weakness or paralysis in the arm
• Abnormal arm growth or development
• Muscle atrophy or joint stiffness
• Emotional and psychological challenges
• Limitations in physical activities and career opportunities later in life

When Erb’s Palsy results in permanent disability, the financial and emotional toll on the family can be overwhelming. At Harvey, Foote & Baker Law Firm, our legal team is committed to helping families secure the compensation needed to cover medical bills, therapy, assistive devices, and long-term care.

How Our Albuquerque Erb’s Palsy Lawyers Can Help

At Harvey, Foote & Baker Law Firm, we understand that discovering your child’s injury could have been prevented is devastating. Our dedicated team will work closely with you to:

• Investigate the Birth Injury: We review medical records, consult with obstetric and pediatric experts, and gather evidence to determine whether malpractice occurred.
• Determine Liability: We identify the healthcare providers responsible for your child’s injury.
• Calculate Damages: We assess all current and future expenses associated with your child’s care and quality of life.
• Pursue Compensation: Whether through settlement or trial, we fight to hold negligent medical professionals accountable.

We offer compassionate, personalized legal support and aggressive advocacy to help ensure your family gets the justice and support you deserve.

Erb’s Palsy FAQs

How do I know if my child’s Erb’s Palsy was caused by medical malpractice?

If your child was diagnosed shortly after birth and the labor involved complications like shoulder dystocia, forceful delivery, or delayed medical response, malpractice could be the cause. An experienced Albuquerque Erb’s Palsy lawyer can help review your case.

What types of damages can I claim in an Erb’s Palsy lawsuit?

You may be entitled to compensation for medical expenses, therapy costs, future care, loss of earning capacity, pain and suffering, and emotional distress.

Is there a time limit to file an Erb’s Palsy claim in New Mexico?

Yes. New Mexico has a statute of limitations for medical malpractice claims, generally within three years from the date of injury. However, for minors, the deadline may be extended. It’s important to consult with a lawyer as soon as possible.

What if the hospital denies wrongdoing?

Denials are common in malpractice claims. Our team works with medical experts to build a strong case and fight for your rights, even if the hospital refuses to admit fault.

Do I need to pay legal fees upfront?

No. At Harvey, Foote & Baker Law Firm, we work on a contingency fee basis. You don’t pay unless we win compensation for your family.

Contact an Experienced Albuquerque Erb’s Palsy Lawyer Today

If your child is living with Erb’s Palsy and you suspect medical negligence played a role, don’t wait to seek legal help. The compassionate and skilled legal team at Harvey, Foote & Baker Law Firm is ready to stand by your side and advocate for the justice your child deserves.

Call (505) 295-2245 today or fill out our online contact form for a free consultation.