Santa Fe Erb's Palsy Lawyer

Compassionate Legal Help for Birth Injuries in Santa Fe, NM

Erb’s palsy is a life-changing condition that can occur during childbirth, often as a result of preventable medical errors. This condition, caused by damage to the brachial plexus nerves in a newborn’s neck and shoulder, can lead to long-term weakness, paralysis, and other complications in the affected arm. For families navigating the challenges of an Erb’s palsy diagnosis, legal representation is an essential tool for seeking justice and securing the resources needed to care for an injured child.

At James Wood Law, we understand the emotional and financial toll that Erb’s palsy can place on families. Our Santa Fe-based attorneys specialize in birth injury and medical malpractice cases, and we are here to help. With years of experience advocating for families across New Mexico, we are committed to holding negligent healthcare providers accountable and fighting for the compensation your family deserves.

Contact us today at (888) 579-3866 to schedule a free consultation and learn how we can support you during this difficult time.

What Is Erb’s Palsy?

Erb’s palsy is a type of brachial plexus injury that occurs when the upper nerves in the brachial plexus, a network of nerves running from the spine to the shoulder and arm, are stretched, torn, or otherwise damaged during childbirth. This nerve damage can impair movement, sensation, and strength in the affected arm.

Signs and Symptoms of Erb’s Palsy

The severity of Erb’s palsy symptoms varies depending on the extent of nerve damage. Some of the most common signs include:

• Weakness or complete paralysis in the affected arm
• A limp arm held against the side of the body
• Limited ability to move or lift the arm
• Decreased grip strength in the hand on the affected side
• Loss of sensation in the arm or hand
• Abnormal posture, such as the arm being bent at the elbow

If your child is showing any signs of Erb’s palsy, it’s crucial to seek a medical diagnosis as soon as possible and consult an experienced attorney to explore your legal options.

How Does Medical Negligence Cause Erb’s Palsy?

While not all cases of Erb’s palsy result from medical negligence, many are preventable. Healthcare providers have a responsibility to follow established standards of care to avoid birth injuries. Unfortunately, when medical professionals act negligently, their errors can result in avoidable harm.

Common Causes of Erb’s Palsy from Medical Negligence

Some of the most common examples of medical negligence that lead to Erb’s palsy include:

• Excessive Force During Delivery: Pulling, twisting, or applying excessive traction to the baby’s head and neck can stretch or tear the brachial plexus nerves, especially during complicated deliveries.
• Mismanagement of Shoulder Dystocia: When the baby’s shoulder becomes lodged behind the mother’s pelvis during delivery, improper techniques or delayed responses can result in nerve injuries.
• Improper Use of Delivery Tools: Forceps or vacuum extractors must be used with precision and care. Misuse of these tools increases the risk of nerve damage.
• Failure to Perform a Timely C-Section: Prolonged labor or clear signs of complications should prompt healthcare providers to consider a cesarean delivery. Delays in this decision can lead to trauma during vaginal delivery.
• Failure to Recognize Risk Factors: Prenatal care should identify potential complications, such as large birth weight, breech positioning, or maternal diabetes, to minimize risks during delivery.

When healthcare providers fail to meet their duty of care, they must be held accountable for the harm caused.

Why Seek Compensation for Erb’s Palsy?

Caring for a child with Erb’s palsy often involves significant medical expenses and adjustments to daily life. By filing a medical malpractice claim, families can pursue compensation to cover a variety of damages, including:

• Medical Costs: Expenses for treatments, surgeries, rehabilitation, and physical therapy.
• Ongoing Care: Home modifications or assistive devices to accommodate a child’s physical needs.
• Lost Income: Compensation for parents who need to take time off from work to care for their child.
• Pain and Suffering: Recognition of the emotional and physical toll on both the child and their family.
• Future Expenses: Anticipating the child’s long-term needs, such as additional surgeries or specialized education.

Our attorneys at James Wood Law will work diligently to calculate the full extent of your family’s financial and emotional losses, ensuring you receive the compensation needed to support your child’s recovery and growth.

Steps to Take If You Suspect Erb's Palsy Malpractice

If you suspect your child’s Erb’s Palsy resulted from medical malpractice in Santa Fe, following these essential steps can help position your case effectively:

• Seek professional medical diagnosis: Ensure your child is evaluated by a specialist who can accurately document the condition and its potential causes.
• Document all related medical records: Keep thorough records of prenatal care, delivery notes, and subsequent medical visits.
• Consult with our legal team promptly: Early legal advice can be critical. We can guide you through the statute of limitations and other procedural necessities in New Mexico.

Additionally, it is vital to gather personal notes on conversations with healthcare providers and notice any shifts in your child’s behavior or physical capabilities from birth onward. These observations can provide crucial insights when aligning with medical findings. Our team at James Wood Law is ready to compile this comprehensive evidence to form a convincing argument that reflects the unique circumstances of your case, positioning it strongly within the state's legal framework.

How James Wood Law Can Help

Navigating the legal complexities of a birth injury case requires experience, knowledge, and compassion. At James Wood Law, we understand the challenges facing families dealing with an Erb’s palsy diagnosis, and we are here to provide the advocacy and support you need.

What You Can Expect

• Thorough Case Investigation: We will carefully review your medical records, consult with expert witnesses, and identify evidence of negligence.
• Aggressive Representation: Whether negotiating with insurance companies or presenting your case in court, we will fight for the justice and compensation you deserve.
• Personalized Support: We treat every client with care and respect, ensuring your questions are answered and concerns addressed throughout the legal process.
• Contingency Fee Agreement: You won’t pay any legal fees unless we successfully recover compensation on your behalf.

Take the First Step Toward Justice

If your child has been diagnosed with Erb’s palsy as a result of medical negligence, don’t wait to take action. New Mexico law imposes strict deadlines for filing medical malpractice claims, so it’s essential to begin building your case as soon as possible.

At James Wood Law, we are committed to helping families in Santa Fe and across New Mexico pursue justice for birth injuries. Together, we will fight to hold negligent parties accountable and secure the resources your family needs to thrive.

Call us today at (888) 579-3866 or complete our online contact form to schedule a free consultation.