Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with an amount of money to pay for the treatment of their child. It is also a way to ensure that medical professionals are held accountable for brachial-plexus injuries that could have been avoided.

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

What Causes Erb's Palsy?

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

This condition is more prevalent in difficult deliveries, prolonged labours, and breech births. In an uneasy delivery doctors may have to use force to pull the baby out of the vaginal canal and this could stretch the baby's neck or head. This can lead to a traction accident where the nerves are stretched. If the force is too strong, it may result in a rupture where the nerves are torn from their spinal cord (an avulsion).

The majority of children with Erb's Palsy recover fully and have no permanent harm, but this condition can cause weakness, limited range of motion and a noticeable difference between their dominant arm and non-dominant arm. Physical therapy is a way to speed up the healing process and make to improve the condition of their affected hand.

How Do I Know if My Child Has Erb's Palsy?

The symptoms of erb's palsy are paralysis or weakness to various levels--of the arm and shoulder. The positive side is that the majority of children born with erb's palsy 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 movement as well as sensation and support for the arm, hand and shoulder. Pulling or stretching the nerve can cause injury, resulting in erb's palsy.

This kind of injury can be resulted from a difficult delivery and force or a large baby or breech presentation, as well as an extended second stage of labour.

A doctor can diagnose erb's palsy by performing an EMG that measures how well nerves and muscles function. The doctor may also order an MRI, CT, or other imaging tests to take images of the insides of the body. They can identify the type of erb's palsy such as neuroma the avulsion or neuropraxia (neuropathy that develops when the nerve is stretched instead of tearing away from the spine). Some erb's palsy cases require surgery, which involves the splicing of healthy nerves and grafting them.

How Do I Find Out If My Child's Erb's Palsy Was Caused by Medical Malpractice?

A child with Erb's Palsy requires medical care. The treatment may be costly and last for months or even years. Medical malpractice lawsuits could help families cover the costs of treatment.

Erb's palsy is caused due to injuries to the nerves of the upper part of the brachial nerve plexus during a difficult or prolonged delivery. Most of the time this kind of injury results from stretching or traction of the nerves in the shoulder during the birth process, such as one which involves a big infant or a mother who is petite.

In order to start a medical negligence case the plaintiff must demonstrate that the healthcare professional did not meet the standard of medical care for the job and position in the incident. This is accomplished through expert testimony. Medical malpractice claims are based on the actions of healthcare professionals, which is why it is crucial to choose an attorney with experience in these types of 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 severity of your child's Erb's palsy case will determine the amount of compensation you receive. This is why it's important to speak with an experienced birth injury lawyer when you suspect medical negligence.

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

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

Most Erb's palsy lawsuits are settled out of court and the defendant pays you an amount that will settle your case without going to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records, evidence from witnesses, and expert witness reports. 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 legal advice after their child has suffered birth injuries. These injuries can be caused by medical negligence by doctors and other hospital staff. A qualified Erb's palsy attorney can help you determine if your child's injury was due to malpractice and guide you through the legal procedure.

If your child's shoulder dystocia was due to a doctor's or hospital's negligence the hospital or doctor could be responsible for your child's injuries. These damages may include reimbursement for medical expenses as well as lost wages, pain and discomfort.

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

Conditions that may cause shoulder dystocia are often predictable and preventable. When medical professionals fail to take the necessary precautions, they may be held accountable for the injuries that result. A successful case could result in a significant award and lifelong medical care. An experienced Erb's palsy lawyer will ensure that you receive the compensation you are entitled to.