Filing an Erb's Palsy Lawsuit

A lawsuit could offer families financial compensation to pay for the treatment of their child. It can also help to hold medical professionals accountable for brachial plexus injuries that could have been prevented.

This case involves a child who developed Erb's palsy due to complications in her birth. The birth was breech and shoulder dystocia (when the child's shoulders become stuck during delivery). Her injury was the result of medical negligence.

What is the Cause of Erb's Palsy?

The brachial plexus is a system of nerves in the neck and shoulder which transmits signals to muscles of the arms, hands, and fingers. Erb's Palsy can develop when this system of nerves gets damaged.

This type of condition is more frequent in difficult deliveries, prolonged labours, and breech births. In a difficult birth doctors may have to force the baby through the vaginal tube. This may stretch the neck or head of the infant. This can lead to an accident of traction where nerves are stretched. If the force is too strong, it can cause a rupture, where nerves are pulled away from their spinal cord (an avulsion).

The majority of children suffering from Erb's Palsy will recover completely and not suffer any lasting damage. However, this condition can cause weakening, limited ranges of motion, as well as noticeable difference between the dominant and non-dominant hands. Physical therapy can be utilized to speed up the healing process and make them feel better in their affected hand.

How Do I Tell If My Child Is Having Erb's Palsy?

The signs of erb's syndrome are weakness or paralysis--to varying extents--of the arm or shoulder. The good news is that a majority of children with erb's syndrome have full recovery, but the condition is typically permanent.

The brachial-plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, allowing for movement, feeling and support for the arm, shoulder, and hand. Pulling or stretching this nerve can cause injury to the nerve and causes erb's Palsy.

Involvement in difficult delivery and the use of force during childbirth, large baby size, breech display, and a long second stage of labor are all common risk factors for this kind of injury.

An EMG can be used to identify Erb's-Pallsy. This test measures the function of muscles and nerves. The doctor may also order an MRI, CT, or other imaging tests to get images of the inside of the body. They can identify the type of erb's palsy attorneys spalsy like neuroma, Avulsion, or Neuropraxia (neuropathy that develops when the nerve is stretched rather than torn away from the spine). Some erb's palsy cases require surgery that involves splicing and grafting healthy nerves.

How Can I Tell If My Child's Erb's Palsy Was the result of a medical error?

A child suffering from Erb's Palsy must seek medical treatment. This treatment can be expensive and last for many months or even years. Medical malpractice lawsuits may aid families in paying for the cost of care.

Erb's Palsy happens by the fact that the upper nerves of brachialplexus are injured during a difficult delivery. Most of the time, this type of injury is caused by stretching or traction of the muscles of the shoulder during difficult births like one that involves a large baby or a smaller mother.

To file a medical negligence claim, the plaintiff needs to establish that the healthcare provider did not meet the standard of care appropriate for the role and position in the context. This is done through expert testimony. Medical malpractice claims are based on the actions of healthcare professionals which is why it's crucial to select a lawyer who has years of experience handling these kinds of cases. This will give you the best chance to prove that the Erb's palsy of your child was the result of medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's palsy case will determine the amount of compensation you will receive. This is why it's essential to seek out a skilled birth injury attorney immediately if you suspect medical negligence.

A successful Erb's-Palsy lawsuit could earn you significant financial compensation to cover current and future medical costs for your child. This includes treatments, surgeries aidive devices, surgeries and more.

Some children's Erb palsy will heal itself as time passes, but other children may need surgery to repair avulsions or tears of the brachial nerves. If this is the situation you could be entitled to more serious damages.

Most Erb's palsy lawsuits are settled without a trial that is, the defendant pays you a certain amount to settle your dispute without going to trial. However, if you are unable to reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's palsy cases to back up your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will then argue your case to jurors and judges.

What can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents consult a lawyer when their child suffers a birth injury. These injuries could be caused by medical malpractice by doctors or other hospital staff. A qualified Erb's palsy attorney can help you determine the extent of your child's injury caused by malpractice and help you navigate the legal process.

If the shoulder dystocia you have observed in your child was due to negligence of a doctor or hospital they could be responsible for the damages your child suffered. These damages can include compensation for your child's medical bills, lost wages, and pain and suffering.

A good erb's palsy attorney (click through the next article) will determine if your child's injury was caused by medical malpractice. Then, you can build a solid case on your behalf to hold the accountable party accountable for their actions.

The conditions that cause shoulder dystocia are typically pre-planned and avoidable. If medical professionals fail make the appropriate precautions, they could be held accountable for the injuries that result. A successful claim could lead to a substantial award as well as lifetime medical treatment. An experienced lawyer for Erb's palsy will ensure that you receive all the compensation that you deserve.