Erb’s Palsy

Albuquerque Erb’s Palsy Attorney

When a newborn suffers from Erb’s Palsy due to medical malpractice during delivery, families are left grappling with emotional trauma and long-term uncertainty. At McGinn Montoya Love Curry & Sievers PA, we understand how devastating a birth injury can be—not just for the child, but for the entire family. Our team of compassionate and experienced Albuquerque Erb’s Palsy lawyers is here to help you pursue justice and the compensation you deserve.

If your child has been diagnosed with Erb’s Palsy and you suspect medical negligence played a role, contactour office at (505) 581-5389 today for a free consultation.

What is Erb’s Palsy?

Erb’s Palsy is a form of brachial plexus injury that affects the network of nerves controlling the arm, shoulder, and hand. The condition typically results from trauma during childbirth, especially when excessive force is used or when complications such as shoulder dystocia arise.
Symptoms of Erb’s Palsy in newborns may include:

• Weakness in one arm
• Loss of feeling in the arm or hand
• Limited range of motion
• Arm bent at the elbow and held against the body
• Partial or complete paralysis of the arm

Although some children recover with physical therapy and time, others may suffer permanent disability.

Common Causes of Erb’s Palsy Due to Medical Negligence

While not every case of Erb’s Palsy results from malpractice, many instances can be directly linked to medical negligence during labor and delivery. At McGinn Montoya Love Curry & Sievers PA, we investigate all possible causes and hold accountable those responsible for preventable harm.

Some common medical errors that can lead to Erb’s Palsy include:

• Improper handling of shoulder dystocia: If a baby’s shoulder becomes stuck behind the mother’s pelvic bone, doctors must act quickly and carefully to prevent injury. Using excessive force can damage the brachial plexus nerves.
• Excessive pulling or traction: Forceful delivery, especially when using tools like forceps or vacuum extractors, can stretch or tear the nerves in the infant’s neck and shoulder.
• Failure to perform a timely C-section: If labor isn’t progressing or fetal distress is present, a Cesarean section may be the safest option. Delaying this decision can result in birth trauma.
• Inadequate monitoring: Failure to monitor fetal size and positioning can lead to complications during delivery that increase the risk of Erb’s Palsy.

Our experienced Albuquerque birth injury attorneys can review your medical records to determine if substandard care contributed to your child’s condition.

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

Erb’s Palsy can range in severity, and while some infants recover within months, others require lifelong care. Understanding the short- and long-term implications is crucial when evaluating the need for legal action and compensation.

Short-Term Effects

• Muscle weakness
• Limited movement or range of motion
• Lack of grip strength
• Physical therapy requirements
• Emotional and developmental delays due to restricted mobility

Long-Term Effects

• Permanent nerve damage or paralysis
• Muscle atrophy
• Bone growth abnormalities
• Chronic pain or discomfort
• The need for surgical interventions
• Lifetime physical therapy or occupational therapy
• Emotional distress and social challenges

The financial and emotional burden on families can be significant. A successful legal claim can help ensure your child has access to the care and resources they need for a better quality of life.

FAQs About Erb’s Palsy Claims in Albuquerque, NM

Q: How do I know if medical negligence caused my child’s Erb’s Palsy? A: Determining negligence requires a review of your medical records and consultation with experts. If there were complications during delivery or your child showed signs of nerve injury immediately after birth, it’s important to consult a birth injury attorney.

Q: Is there a time limit to file an Erb’s Palsy claim in New Mexico? A: Yes. In New Mexico, the statute of limitations for medical malpractice cases is generally three years from the date of injury. However, for minors, this period may be extended. It’s best to act quickly to preserve evidence and protect your legal rights.

Q: What compensation can I recover in an Erb’s Palsy lawsuit? A: You may be entitled to compensation for:

• Past and future medical expenses
• Rehabilitation and therapy
• Assistive devices
• Pain and suffering
• Emotional distress
• Loss of future earning potential

Q: Will filing a lawsuit affect my child’s care? A: Not at all. Filing a claim allows you to seek financial resources that can improve your child’s access to treatment and services. It does not interfere with current or future care options.

Q: How much does it cost to hire McGinn Montoya Love Curry & Sievers PA? A: We handle all Erb’s Palsy cases on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win your case.

Contact an Experienced Albuquerque Erb’s Palsy Lawyer Today

No parent should have to face the consequences of medical negligence alone. If your child has been diagnosed with Erb’s Palsy, our compassionate legal team at McGinn Montoya Love Curry & Sievers PA is ready to help. Let us review your case, explain your options, and guide you every step of the way.

Reach out to us at (505) 581-5389 for a compassionate consultation, with no upfront costs and a policy of “no fee unless we win.”