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 responsible for brachial plexus injuries that could have been prevented.

This case concerns a girl who developed Erb's palsy due to complications during her birth. She had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during birth). Her injury was caused by medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus is a network of nerves in the shoulder and neck which sends signals to muscles in the hands, fingers, and arms. If this nerve system is damaged, an infant is susceptible to developing Erb's Palsy.

This type of condition is more frequent during difficult births, long labours, and breech-births. In the event of a difficult birth, doctors may need to use force to push the baby through the vaginal tube. This could stretch the neck or head of the infant. This could result in an injury to the traction nerves are stretched. If the force is too strong, it may result in a rupture where nerves are pulled away from their spinal cord (an Avulsion).

Most babies with Erb's Palsy recover fully and have no permanent injuries, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant arm and the non-dominant hand. Physical therapy can be utilized to speed up the healing process and help patients feel better in their affected hand.

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

The symptoms of erb's palsy are weakness or paralysis--to varying degrees in the arm and shoulder. The good news is that a majority of children born with erb's palsy have full recovery, but their condition is often permanent.

The brachial nerve system connects the neck, (clavicle), and torso to the spinal cord. This allows movement as well as sensation and support for the arm, hand and shoulder. The pulling or stretching of this nerve causes injury, resulting in erb's palsy.

This type of injury is often caused by a difficult delivery and force as well as a big baby, breech presentation and a long second stage of labour.

A doctor can diagnose erb's palsy by conducting an EMG that measures how well muscles and nerves work. The doctor may also recommend an MRI or CT to capture pictures of the insides of your body. They can determine if the erb's condition is a neuroma, an avulsion or a neuropraxia. This is a type of neuropathy that manifests when a nerve is stretched instead of torn away from the spine. Some erb's palsy cases require surgery that involves cutting and grafting healthy nerves.

How Do I Find Out If My Child's Erb's Palsy was the result of medical malpractice?

A child with Erb's Palsy needs medical attention. This treatment can be expensive and can last for months or even years. Medical malpractice lawsuits can help families pay the costs of medical treatment.

Erb's palsy is caused due to injuries to the upper nerves of the brachial system during a difficult or prolonged delivery. Most of the time, this type of injury results from traction or stretching of the muscles of the shoulder during difficult births like one which involves a big infant or a small mother.

In order to file a medical malpractice case the plaintiff must demonstrate that the healthcare professional failed to meet the standard of care for the position and the role they played in the circumstance. This is done by using expert testimony. Medical malpractice claims are based on the actions of healthcare providers and therefore it is essential to choose a lawyer who has expertise in these cases. This will give you the best chance to prove that your child's Erb's palsy was the result of medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The extent of your child's Erb's palsy case will determine the amount of compensation you will receive. This is why it's essential to speak with a seasoned birth injury attorney when you suspect medical negligence.

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

Some children's Erb's palsy is able to heal itself on its own over time, while others require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the case, you could be entitled to further serious damages.

Most Erb's palsy lawsuits settle out of court that is, the defendant pays you an amount that will settle your dispute without having to go to trial. If you're not able to reach an agreement with the defendant your lawyer will prepare for trial by gathering evidence and bringing in experts in Erb's palsy cases to prove your claim of medical malpractice. This includes medical records and evidence from experts. Your lawyer will present your case front of an impartial jury and judge.

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

Many parents seek out a lawyer after a child is injured birth injury. These injuries could be by medical negligence doctors or other hospital personnel. A qualified Erb's palsy attorney can help you determine the extent of your child's injury caused by malpractice and can guide you through the legal process.

If the shoulder dystocia in your child was due to negligence by a hospital or doctor they could be responsible for the damage your child sustained. These damages may include reimbursement for medical expenses 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. Then, you can build a solid case on your behalf to hold the accountable party accountable for their actions.

Conditions that may cause shoulder dystocia often are predictable and treatable. If medical professionals fail to take the proper precautions, they could be held responsible for the injuries that result. A successful case could result in a significant award and lifetime medical care. An experienced Erb's palsy lawyer will ensure that you receive the compensation you deserve.