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Toronto Erb’s Palsy Lawyer

If your child suffers from Erb’s palsy is a form of palsy that affects the brachial plexus. A child who suffers from it may be unable to move their arm or may suffer weakness in the limb. Unfortunately, the complications of Erb’s palsy can be ongoing and permanent in some cases. As a parent, your child’s well-being is one of your top concerns. If your child’s condition was the direct result of negligence during delivery (which is entirely possible, and can be tragic), you have the right to demand answers. To help ensure that your child has access to the best treatment and has the best possible ability to cope with injuries from Erb’s palsy in the future, it may be wise to seek compensation for your child’s injuries.

It may be difficult to discern the liability of a doctor or medical provider in failing to take precautions, or making certain decisions that contributed to your child development of Erb’s palsy. An experienced Toronto Erb’s Palsy lawyer can review the facts of your child’s birth and the actions of medical staff to determine if any medical professional deviated from the expected standard of care. If this happened and your child suffered Erb’s palsy as a direct result, your family could be owed significant compensation. For more information or to obtain a free case consultation, contact Mazin & Associates, PC at (416) 625-2122, and we will discuss your situation with you in detail.

Do I Need an Erb’s Palsy Lawyer?

The nerve injury that causes Erb’s palsy is avoidable in many situations. Although labor and delivery are times when doctors and medical providers have to make serious decisions about the best course of action for mother and child, they are still required to follow certain standards of medical care. To determine exactly what occurred and whether the medical providers involved were negligent, a thorough investigation, expert reports, and testimony will likely be necessary. Through these methods, your lawyer will be able to prove the damages you are entitled to. A birth injury lawyer will be able to assist you in recovering the most compensation possible under these circumstances involving complicated facts and technical medical information.

Aside from gathering evidence to prove your case, the legal process of going through filings, motions, and a trial is time-consuming and complicated. A lawyer can put your mind at ease by meeting all deadlines in your case and making sure the court and the jury have all the necessary information to award you damages. You can gain peace of mind by retaining a lawyer to deal with the complex issues involved in litigation while you focus on the health and well-being of yourself and your child.

Why Choose Mazin & Associates, PC to Handle My Case?

While it may seem like a difficult decision to choose a lawyer to handle your Erb’s palsy case, you can rest assured that the team of birth injury trial lawyers at Mazin & Associates, PC are determined to provide you with the best possible experience with legal matters. At Mazin & Associates, PC, our number one priority is to provide you with representation that will effectively meet your needs. Your desired outcome is what we pursue while striving to keep you comfortable and informed about the process.

Mazin & Associates, PC founder Gary Mazin has practiced law for over a decade since starting the firm. Mr. Mazin focuses on helping injured people get their lives back. The firm is highly rated with the Better Business Bureau, securing an A+ rating. Verdicts and settlements in favor of our clients are commonplace, with the amount of money recovered well into the millions.

The staff at Mazin & Associates, PC make a serious effort to put you and your child first. We work only on a contingency basis so that you do not owe us any fees up front. We will only get paid if we recover compensation in your case. Additionally, we encourage potential clients to take advantage of our free initial case consultation so that we can determine whether pursuing recovery in the courts makes sense for you and your child.

How Erb’s Palsy Occurs

Erb’s palsy is just one of a number of brachial plexus injuries that can happen to a baby during labor and delivery. Erb’s palsy is one of the most common forms of this type of injury, which involves damage to the network of nerves that send signals to the shoulder, arm, and hand to make them move. Typically, Erb’s Palsy tends to cause damage to the network of nerves serving the shoulder and upper arm. Childbirth poses a particular danger to the nerves that control this area because a child’s shoulders are often difficult to maneuver through the birth canal.

The damage that causes Erb’s palsy can be caused when the nerves are strained by pushing the head or neck away from the spinal cord during labor and delivery. Depending on the extent to which the nerves are stretched, the injury can range in severity from mild to very severe. An avulsion is on the severe end of the spectrum of injury and indicates that the nerves have been completely torn away from the spinal cord. A partial tear in this area is referred to as a rupture.  Other injuries, such as neuroma, can occur. Neuroma involves the growth of scar tissue around injured nerves. This can cause issues with the nerves transmitting the proper signals.

Erb’s Palsy Treatments

The more serious your child’s Erb’s palsy is, the more intensive the treatment will need to be.  Many cases of Erb’s palsy will resolve during the early parts of the child’s life. In more severe cases, therapy and even surgery will be recommended treatments. While it may be difficult to trust medical professionals after your child is born with a birth injury, it is important to find a doctor you can trust to correctly treat your child. To obtain an accurate diagnosis, it may be necessary for your child to undergo testing such as CT scanning, electromyography, or magnetic resonance imaging (MRI). With the proper evaluation and testing, your child’s treatment will go more smoothly.

When surgery is recommended, it is normally completed while the child is still an infant. This would typically entail nerve reconstruction surgery. Additionally, surgeries involving the transfer of muscles may be appropriate for some children. Even where surgery is not necessary, physical therapy will often be prescribed to help your child achieve the best possible range of motion.

Medical Negligence Related to Erb’s Palsy

There are a variety of positions a baby can get into during labor and delivery. A common occurrence during labor is that the baby’s shoulder will become stuck up against the mother’s pelvic bone. This is referred to as shoulder dystocia. When it happens, a doctor should be prepared to perform maneuvers or use tools to assist the baby’s passage through the birth canal in a way that does as little harm to the shoulder as possible. For babies that are at high birth weight, especially more than nine pounds, shoulder dystocia occurs more frequently. Any conditions of the mother that may lead to high birth weight, such as gestational diabetes, should be carefully monitored.

Negligence of a medical professional is the basis on which you may be able to recover if your child has Erb’s palsy. Your lawyer will need to demonstrate to the court or jury that a doctor or other medical professional either failed to act, or acted in a manner that was unreasonable under the circumstances. If this caused an injury, such as Erb’s palsy, you may be entitled to recover for pain and suffering and other damages.

Medical negligence related to Erb’s palsy can occur in a variety of ways, including failing to obtain a complete history regarding the mother’s health and any prior pregnancies, labors, and deliveries. Medical negligence could occur if there is a failure to monitor conditions such as diabetes or weight gain during pregnancy. The doctor must pay careful attention to the size of the baby, assessing whether a cesarean section should be ordered. The doctor should also take care not to use excessive force when using tools such as forceps and vacuums to assist delivery. If your doctor failed to treat you properly in any of these ways, you may be able to obtain compensation for your child’s injuries.

Compensation for Erb’s Palsy Injuries

If you are entitled to compensation based on your child’s Erb’s Palsy injuries, your lawyer will make a case for the precise amount you should be paid. The goal of compensation in this type of case is to bring you as close as possible to where you would be without the injury having occurred. If a medical professional was medically negligent, you would potentially be able to recover for several categories of damages. These include medical expenses for your child, such as reimbursement for doctor’s appointments, physical therapy, hospital stays, medical procedures, testing, and surgeries. Compensation may also be available for pain and suffering, which could include emotional and physical loss.

Contact Us Today

The pain that Erb’s palsy causes to your child can never be completely rectified with monetary compensation. However, you and your child deserve to have the most compensation possible to make your life as easy as possible. Do not hesitate to contact us at Mazin & Associates, PC so that we can provide a consultation on your case and help you decide whether to pursue a lawsuit. Let us handle the difficult legal processes and give you peace of mind. Contact us today at (416) 625-2122.

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  • "I‌ wanted‌ to‌ thank‌ Gary‌ Mazin‌ for‌ everything‌ he‌ did‌ for‌ me. ‌ Retaining‌ him‌ was‌ the‌ best‌ decision‌ I‌ had‌ ever‌ made. Gary is the best personal injury lawyer. His‌ expertise,‌ professionalism‌ and‌ kindness‌ were‌ always‌ present. ‌ He‌ was‌ able‌ to‌ get‌ me‌ the‌ fair‌ settlement‌ that‌ I‌ deserved‌ because‌ of‌ his‌ knowledge‌ and‌ support. He‌ is‌ a‌ truly‌ dedicated‌ personal‌ injury‌ lawyer‌ to‌ whom‌ I‌ am‌ forever‌ grateful."
  • R.‌ Chertok,‌ Richmond‌ Hill
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Mazin & Associates PC dedicates itself to achieving maximum settlements in serious personal injury and accident cases. Our areas of practice include car accidents, motorcycle injuries, brain injuries, spinal cord injuries, slip and falls, wrongful death, product liability, long-term disability and medical malpractice.

  • Toronto
  • Tel: (416) 625-2122
  • Toll Free: 1-800-432-HURT (4878)
  • Fax: (416) 250-1238
  • 5 Park Home Ave #501
  • Toronto, ON M2N 6L4