Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families financial compensation that can help pay for the treatment of their child. It can also help hold medical professionals accountable for injuries to the brachial plexus that could be prevented.

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

What Causes Erb’s Palsy?

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

This condition is prevalent when there are difficult births, long labors, and breech births. In an uneasy delivery, doctors may have to exert force to get the baby out of the vaginal canal, and this may cause stretching of the baby's neck or head. This can result in an accident that causes traction, where nerves get stretched. If the force is too great it can lead to ruptures in which nerves are pulled away from their spinal cord.

The majority of babies with Erb’s Palsy will recover completely and do not sustain any permanent damage. However, this condition can cause weakness, a limited range of motion, and a noticeable differences between the dominant and non-dominant hand. Physical therapy is an option to speed up the healing process and make to improve the condition of their affected hand.

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

The symptoms of Erb's Palsy include paralysis or weakness in varying degrees, of the shoulder and arm. The good news is most children suffering from erb's syndrome recover completely despite the fact that their condition is usually permanent.

The brachial nerve connects the neck (clavicle), and torso with the spinal cord. This allows for movement as well as sensation and support for the hand, arm, and shoulder. When you pull or stretch the nerve can cause injury which can cause erb's palsy.

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

An EMG can be used to diagnose Erb's Palsy. This test assesses the functioning of muscles and nerves. The doctor might also recommend an MRI, CT, or other imaging tests to take pictures of the inside of the body. They can identify the type of erb's spalsy like neuroma, the avulsion or neuropraxia (neuropathy that occurs when the nerve is stretched instead of being torn away from the spine). Some patients with erb's paralysis require surgery, which requires splicing healthy nerves and grafting them.

How Do I Know If My Child's Erb's Symptoms Was the result of medical malpractice?

A child who suffers from Erb's Palsy must seek medical attention. This treatment can be costly and can last for months or even years. Medical malpractice lawsuits can assist families in paying for the cost of this care.

Erb's Palsy is caused by damage to the upper nerves of the brachial plexus during the labor process, which can be difficult or long. Most of the time, this type of injury is caused by stretching or traction of nerves in the shoulder during a difficult birth like one that involves a large baby or a petite mother.

In order to bring a medical malpractice lawsuit, the plaintiff must prove that the healthcare professional failed to meet the standard of care for his or her position and incident. This is done by using expert testimony. Medical malpractice claims are based on the actions of healthcare providers which is why it's crucial to find a lawyer that has experience in these types of cases. This will give you the best chance of proving your child's Erb's Palsy was caused by medical negligence.

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

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

If you are successful in your Erb's palsy lawsuit you could get significant financial compensation for your current and future medical expenses for your child. This includes therapy, surgeries, assistive devices and more.

Some children's Erb palsy can heal on its own over time, however other children may require surgery to repair tears or avulsions of the brachial nerves. If this is the case you may be entitled to greater damages.

Most of the cases involving Erb's palsy settle without a trial, which means the defendant will pay you a set amount to resolve your case without going to trial. If you're unable to reach a settlement with the defendant, your lawyer will prepare a trial through gathering evidence and hiring medical malpractice experts to prove your claims. This includes medical records and testimony from experts. Then, your lawyer will present your case before the jury and a judge.

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

Many parents seek legal advice after their child suffers birth injuries. These injuries can occur because of medical malpractice committed by doctors or other hospital personnel. A qualified Erb's palsy attorney can assist you in determining the extent of your child's injury caused by negligence and will guide you through the legal procedure.

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

A good Erb's palsy attorney will determine if the child's injury was the result of medical malpractice and then build a solid case on your behalf to hold the accountable party accountable for their actions.

Conditions that can cause shoulder dystocia are often predictable and preventable. If medical professionals fail make the appropriate precautions, they can be held liable for the injuries that result. A successful claim can lead to a substantial award and also a lifetime of medical care. A lawyer with experience in Erb's Palsy will ensure that you receive the money you deserve.