Filing an Erb's Palsy Lawsuit

A lawsuit could offer families financial compensation to pay for the treatment of their child. It is also a way to ensure that medical professionals are held accountable for injuries to the brachial plexus that could have been prevented.

This case involves a child who developed Erb's palsy due to complications in her birth. She was born breech and suffered from shoulder dystocia. It occurs when the shoulders of a child get stuck during the delivery. Her injury was the result of medical negligence.

What is the reason for Erb's Palsy?

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

This is a common occurrence in difficult deliveries, long labors and Breech births. In a difficult birth, doctors may have to apply pressure to push the baby out of the vaginal canal, and this may cause stretching of the baby's neck or head. This can result in a traction accident where the nerves get stretched. If the force is too strong, it may 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 do not sustain any permanent damage. However it can cause weakness, a limited range of motion, and a distinct difference between the dominant and non-dominant hand. Treatment options include physical therapy to accelerate the natural healing process and help them attain better range of motion and feeling in their affected hand faster.

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

The symptoms of erb's paralysis include weakness or paralysis to varying levels--of the arm and shoulder. The good news is that a majority of children born with erb's syndrome get full recovery, though the condition is typically permanent.

The brachial plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, allowing for the movement, sensation and support of the shoulder, arm, and hand. The pulling or stretching of the nerve can cause injury and can result in erb's paralysis.

This type of injury is typically caused by a difficult birth using force, a large baby, breech presentation and the length of the second stage labour.

An EMG can be used to diagnose Erb's Palsy. The test evaluates the activity of muscles as well as nerves. The doctor could also suggest an MRI, CT, or other imaging tests to take images of the interior of the body. They can determine if the erb's problem is an avulsion or aneurism or neuropraxia, which is a type of neuropathy that manifests when the nerve is stretched instead of torn away from the spine. Some erb's palsy cases require surgery that involves splicing and grafting healthy nerves.

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

A child suffering from Erb's palsy should seek medical treatment. This treatment can be expensive and can last for months or even years. Medical malpractice lawsuits can help families pay for the cost of this treatment.

Erb's Palsy is caused by injury to the upper nerves of the brachial system during the labor process, which can be difficult or long. Most often, this type of injury results from stretching or traction of nerves in the shoulder during the birth process like one which involves a big infant or a mother who is petite.

To start a medical negligence case the plaintiff must establish that the healthcare professional failed to meet the standard of medical care for the position and incident. Expert evidence is used to support this. Medical malpractice claims are based upon the actions of healthcare providers, so it's important to hire a lawyer who has expertise in these kinds of cases. This will give you the best chance to prove that your child's Erb's syndrome was the result of medical negligence.

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

The severity of your child's Erb's syndrome case will determine how much compensation you will receive. It's important to consult an attorney for birth injuries immediately if you suspect medical malpractice.

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

Some children's Erb's psoriasis can heal on its own within time, but some may require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case, you may be entitled to further serious damages.

The majority of lawsuits involving Erb's Palsy are settled out of court that is, the defendant pays you a certain amount to settle your case without going to trial. If you are unable to reach a settlement with the defendant, then your lawyer will prepare a trial by assembling evidence and hiring medical experts to defend your claims. This includes medical records, evidence from witnesses and expert witness statements. Your lawyer will present your case before the jury and a judge.

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

Many parents seek out a lawyer after their child has suffered a birth injury. These injuries can occur by medical negligence doctors or other hospital personnel. A qualified Erb's palsy attorney will help you understand if your child's injury was due to malpractice and guide you through the legal process.

If the shoulder dystocia in your child was the result of a doctor's or hospital's negligence they could be responsible for the damage your child sustained. These damages could include compensation for the medical bills for your child as well as lost wages and pain and suffering.

A good Erb's palsy attorney will determine if the child's injury resulted from medical malpractice and then build a strong case on your behalf to hold the person responsible accountable for their actions.

The conditions that can cause shoulder dystocia are usually predictable and treatable. If medical professionals fail to take necessary precautions, they may be held accountable for any injuries that occur as a result. A successful lawsuit could result in a significant award and lifelong medical care. An experienced lawyer at Erb's Palsy will ensure that you receive all the compensation you're entitled to.