New Mexico Erb's Palsy Attorneys

Nerve Damage & Brachial Plexus Injuries

Erb's palsy is a birth injury that is caused by damage to the nerves in a baby’s neck and shoulder, also known as a brachial plexus injury. Erb's palsy occurs when the upper brachial plexus nerves are injured or stretched during delivery. This can happen when there is excessive traction or force applied during a difficult or prolonged delivery, leading to stretching or tearing of the nerves.

Is your child suffering from Erb’s palsy due to a preventable birth injury? If so, you should seek legal representation from the attorneys at McGinn Montoya Love Curry & Sievers. We are committed to helping families secure the financial resources they need to take care of a child with birth injuries, as well as holding negligent healthcare providers accountable.

Call our firm today at (505) 405-4441 or contact us online to schedule a consultation with our Erb’s palsy lawyers in New Mexico. We can help you fight for the compensation you and your child deserve.

What Are the Symptoms of Erb’s Palsy?

It can be difficult to determine whether or not your child has Erb’s palsy. That’s because the symptoms of this condition can vary depending on the severity of the nerve damage.

Common signs and symptoms of Erb's palsy include:

• Weakness or paralysis in the arm
• The arm is bent at the elbow and held against the body
• The arm cannot be moved or lifted
• The arm is limp
• Decreased grip strength in the hand
• Decreased sensation in the arm or hand

Determining the Cause of Your Child's Injuries

Many cases of Erb's palsy are caused by preventable medical negligence.

Some of the most common causes of Erb's palsy include:

• Excessive force during delivery: One of the leading causes of Erb's palsy is excessive force applied during delivery, particularly during difficult or prolonged labor. Healthcare providers may use excessive traction or force to deliver the baby, leading to stretching or tearing of the brachial plexus nerves.
• Improper delivery techniques: Inappropriate delivery techniques, such as excessive pulling or twisting of the baby's head and neck during delivery, can increase the risk of brachial plexus injuries and Erb's palsy.
• Failure to recognize risk factors: Healthcare providers are responsible for identifying risk factors that may predispose a baby to shoulder dystocia or other complications during delivery. Failure to recognize and respond to these risk factors, such as macrosomia (large birth weight), breech presentation, or maternal diabetes, can contribute to the development of Erb's palsy.
• Mismanagement of shoulder dystocia: Shoulder dystocia occurs when the baby's shoulder becomes lodged behind the mother's pubic bone during delivery. Healthcare providers must respond promptly and appropriately to resolve shoulder dystocia and prevent injury to the brachial plexus nerves. Mismanagement of shoulder dystocia, such as applying excessive force or delaying necessary maneuvers, can result in Erb's palsy.
• Inappropriate use of assisted delivery tools: Vacuum extractors and forceps are sometimes used to assist with delivery when labor is prolonged, or complications arise. However, improper use of these tools, such as excessive force or improper placement, can cause trauma to the baby's head, neck, and shoulders, leading to brachial plexus injuries and Erb's palsy.
• Failure to perform a cesarean section: In cases where vaginal delivery poses a high risk of shoulder dystocia or other complications, healthcare providers may recommend a cesarean section to reduce the risk of birth injuries. Failure to perform a timely C-section when indicated can increase the likelihood of Erb's palsy due to traumatic delivery.
• Inadequate prenatal care: In some cases, Erb's palsy may result from preventable factors that were not addressed during prenatal care, such as maternal obesity, gestational diabetes, or excessive maternal weight gain. Inadequate prenatal care that fails to address these risk factors can contribute to birth injuries and Erb's palsy.

If you suspect that your child's condition was caused by medical negligence during childbirth, it's important to consult with a New Mexico Erb's palsy attorney who can review your case and advise you on your legal options.

Statute of Limitations: Time Limits for Filing a Claim

The statute of limitations for medical malpractice lawsuits in New Mexico is three years. In other words, you have three years from the date of your child’s injury to file a lawsuit against the doctor or hospital that is responsible for their condition. If you do not file a lawsuit within this time frame, you will lose your right to seek compensation for your child’s injuries.

However, there is an exception to this rule for birth injuries. If the birth injury was not discovered until after the child turned three years old, the parents will have an additional year to file a lawsuit. But it’s important to contact a lawyer as soon as possible to ensure that you don’t miss any important deadlines.

Seeking Compensation for Your Losses

Birth injuries can result in significant physical, emotional, and financial hardships for both the child and their family. If a birth injury occurs due to medical negligence or malpractice, you may be entitled to recover various types of compensation to help cover the costs of medical treatment, ongoing care, and other related expenses.

In a birth injury lawsuit, you may be able to recover compensation for:

• Medical expenses
• Rehabilitation costs
• Home care expenses
• Lost income
• Pain and suffering
• Loss of enjoyment of life
• Punitive damages

Considering future costs in a birth injury lawsuit is crucial because these types of injuries often result in lifelong consequences that require ongoing medical care, therapy, and support. Failing to account for these future expenses can leave families financially overwhelmed and unable to provide the necessary care for their child.

Birth injuries can lead to significant medical expenses, including surgeries, medications, rehabilitation, and specialized equipment, which may be required throughout the child's life. Additionally, children with birth injuries may need long-term therapy and rehabilitation to help them develop essential skills and improve their quality of life.

Future costs also encompass assistive devices, home modifications, educational support, and loss of income or earning capacity for both the child and their family. By considering future costs in a birth injury lawsuit, families can ensure that they receive fair compensation to cover the lifelong impact of the injury and provide the best possible care and opportunities for their child's future.

Discuss Your Options in a Free Consultation

Are you considering filing a lawsuit against the doctor or hospital that is responsible for your child’s Erb’s palsy? If so, you should contact our attorneys at McGinn Montoya Love Curry & Sievers as soon as possible. Proving that a doctor was negligent can be challenging, so you will need an experienced lawyer on your side throughout the legal process.

Our firm can help you gather the evidence you need to prove that your child’s condition was caused by a birth injury. We will also identify all liable parties and aggressively negotiate with the insurance company on your behalf. Let our knowledgeable lawyers help you fight for the financial resources you and your child deserve.

To schedule a free consultation with our New Mexico Erb’s palsy lawyers, contact us online or call us today at (505) 405-4441.