Filing an Erb's Palsy Lawsuit

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

This case involves a girl who was diagnosed with Erb's Palsy due to complications in her birth. She had a breech birth and shoulder dystocia (when the shoulders of a child become stuck during birth). Her injury was the result of medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus is an intricate network of nerves in the shoulder and neck that sends signals to muscles of the hands, arms, and fingers. When this system of nerves is damaged, a baby can experience Erb's Palsy.

This is a common occurrence during difficult deliveries, prolonged labors, and Breech births. In a difficult birth doctors may have to exert force to get the baby out of the vaginal canal, which can cause stretching of the baby's neck or head. This can cause a traction injury where the nerves are stretched. If the force is too great it can result in rupture where the nerves are cut off from their spinal cord.

Most babies with Erb's Palsy recover fully and have no permanent harm, but this condition can cause weakening, a limited range of motion and a noticeable distinction between their dominant and the arm that is not dominant. Treatment can include physical therapy to accelerate the natural healing process and to assist them in achieving more movement and feel in their affected hand quicker.

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

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

The brachial nerve network connects the neck, (clavicle), and torso with the spinal cord. This allows for movement as well as sensation and support of the arm, hand, and shoulder. Pulling or stretching this nerve can cause damage and causes erb's Palsy.

This type of injury is often resulted from a difficult delivery, the use of force, a large baby or breech delivery, and the long second stage of labour.

A doctor can diagnose erb's palsy lawsuits paralysis by conducting an EMG which is a test to determine how well nerves and muscles work. The doctor can also request an MRI, CT, or other imaging tests to obtain images of the inside of the body. They can determine the cause of erb's syndrome such as neuroma avulsion, or neuropraxia (neuropathy that develops when the nerve is stretched instead of torn away from the spine). Certain patients suffering from erb's syndrome require surgery, which requires cutting healthy nerves and then grafting them.

How Do I Determine If Medical Malpractice Caused My Child's Erb's Palsy?

A child suffering from Erb's palsy must seek medical attention. The treatment can be costly, and it may last for months or years. Medical malpractice lawsuits could help families cover the costs of treatment.

Erb's Palsy happens when the upper nerves of the brachialplexus are injured during a difficult delivery. Most of the time, this type of injury is caused by traction or Erb's Palsy lawsuits stretching of the muscles of the shoulder during an uneasy birth like one which involves a big infant or a petite mother.

To file a medical malpractice case, the plaintiff must prove that the healthcare professional did not meet the standard of medical care for the job and position in the incident. This is accomplished by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals and therefore it is essential to hire a lawyer who has experience in these types of cases. This will give you the most effective chance of proving the Erb's palsy of your child was the result of medical negligence.

What is the value of Erb's Palsy verdicts worth?

The severity of your child's Erb's palsy case will determine the amount of compensation you will receive. It's important to consult a birth injury lawyer as soon as possible if you suspect medical malpractice.

If you win your Erb's Palsy case you could get significant financial compensation for your current and future medical expenses for your child. This includes therapies, surgeries aidive devices, surgeries and more.

Some children's Erb's syndrome is able to heal itself on its own over time, while others require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the situation, you may be entitled even to more severe damages.

Most Erb's palsy lawsuits settle without a trial which means that the defendant will pay an amount that will settle your dispute without having to go to trial. If you're unable to reach an agreement with the defendant, then your lawyer will prepare a trial by collecting evidence and hiring medical malpractice experts to support your claims. This includes medical records and evidence from expert witnesses. Your lawyer will then argue your case to jurors and judges.

What Can Erb's Palsy Lawyer Help Me?

Many parents seek legal counsel after a child is injured birth injury. These injuries may be through medical malpractice by doctors or other hospital staff. A qualified Erb's palsy attorney can help you determine if your child's injury was caused by malpractice and guide you through the legal process.

If your child's shoulder dystocia was caused by a doctor or hospital's negligence the hospital or doctor could be responsible for your child's damages. These damages could include compensation for your child's medical bills or lost wages, as well as pain and suffering.

A reputable Erb's-Palsy lawyer will determine if the injury to your child was due to medical malpractice, and develop a case on your behalf to hold the responsible parties accountable for their actions.

The conditions that cause shoulder dystocia can be foreseeable and preventable. If medical experts fail to take the appropriate precautions, they could be held responsible for any injuries that may result from. A successful claim can result in a substantial payout and a lifetime of medical care. A lawyer with experience in the field of Erb's Palsy will ensure that you receive the amount you deserve.