Filing an Erb's Palsy Lawsuit

A lawsuit could offer families an amount of money to pay for the treatment of their child. It can also be used to bring medical professionals to account for injuries to the brachial plexus that could have been avoided.

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 caused due to medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus nerve system is located in the shoulder and neck which transmits signals to muscles in the fingers, hands, and arms. Erb's Palsy is a condition that can occur when this nerve system gets damaged.

This type of condition is more frequent in difficult deliveries, long labors, and breech births. In difficult births, doctors may need to use force to push the baby through the vaginal tube. This could cause stretching of the neck or head of the baby. This can result in an accident that causes traction, where nerves get stretched. If the force is too strong, it can cause a rupture, where nerves are ripped from their spinal cord (an Avulsion).

The majority of children suffering from Erb’s Palsy will recover completely and will not sustain any permanent damage. However it can cause limitations in range of motion, and distinct difference between the dominant and non-dominant arm. Treatment can include physical therapy to accelerate the natural healing process and to assist them in achieving better range of motion and feeling in their affected hand earlier.

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

The symptoms of Erb's palsy include weakness or paralysis to varying degrees, within the shoulder and arm. The good news is that most children born with erb's syndrome make full recoveries, although their condition can be permanent.

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

This type of injury is often caused by a difficult labour using force and a baby that is large or breech delivery, and the length of the second stage labour.

A doctor can diagnose erb's systole by conducting an EMG, which measures how well muscles and nerves function. The doctor could also suggest an MRI, CT, or other imaging tests to get images of the inside of the body. They can determine the cause of erb's palsy such as neuroma an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of tearing away from the spine). Certain cases of erb's paralysis require surgery that involves the splicing of healthy nerves and grafting them.

How Can I Tell If Medical Malpractice Caused My Child's Erb’s Palsy?

A child with Erb's Palsy must seek medical treatment. This treatment can be expensive and can last for months or even years. Medical malpractice lawsuits can help families cover the cost of these services.

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

In order to file a medical malpractice case the plaintiff must show that the healthcare professional did not meet the standard of medical care for his or her position and the role they played in the circumstance. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare providers which is why it's crucial to hire a lawyer who has years of experience handling these types of cases. This will give you the best chance to prove that the Erb's palsy of your child was the result of medical negligence.

How much do Erb's Palsy verdicts worth?

The extent of your child's Erb's palsy case will determine how much compensation you receive. It's important to consult a birth injury lawyer whenever you suspect medical malpractice.

If you prevail in your Erb's palsy lawsuit you could get significant financial compensation to cover current and future medical expenses for your child. This includes therapy, surgery aidive devices, surgery, and other things.

Certain 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 situation, you may be entitled to more severe damages.

Most of the cases involving Erb's palsy settle out of court which means that the defendant will pay you a set amount to resolve your dispute without having to go to trial. However, if you are unable to reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and hiring experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness testimony. Your lawyer will present your case front of the jury and a judge.

How can an Erb's Palsy lawyer help me?

Many parents seek legal advice after their child is injured during birth. These injuries could be the result of medical malpractice by doctors and other hospital staff. A qualified Erb's palsy attorney can help you determine if your child's injury was caused by malpractice and help you navigate the legal procedure.

If your child's shoulder dystocia occurred due to a doctor's or hospital's negligence the hospital or doctor could be responsible for the injuries suffered by your child. These damages include compensation for medical bills and lost wages as well as discomfort and pain.

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.

The conditions that can cause shoulder dystocia can be predicted and avoidable. When medical professionals fail to make the appropriate precautions, they may be held liable for the injuries that result. A successful claim can result in a significant award as well as a lifetime of medical care. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you're entitled to.