Filing an Erb's Palsy Lawsuit

A lawsuit could provide families with financial compensation to pay for the treatment of their child. It also helps hold medical professionals responsible for injuries to the brachial system that could be prevented.

This case involves a little girl who developed Erb’s palsy because of complications during her birth. She was born breech and suffered shoulder dystocia. This is when the shoulders of a child become stuck during the delivery. Her injury was caused by medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus, a nerve system in the neck and shoulder which transmits signals to muscles in the hands, fingers and arms. When this nerve system is damaged, a baby is susceptible to developing Erb's Palsy.

This type of condition is more frequent in difficult deliveries, long labours, and breech-births. In the event of a difficult birth doctors may have to force the baby through the vaginal tube. This could cause stretching of the neck or head of the infant. This can result in an injury to the traction nerves are stretched. If the force is too strong, it can cause an injury where the nerves are pulled away from their spinal cord.

Most children with Erb's Palsy recover completely and have no permanent damage, but this condition can leave them with an inability to move, a restricted range of motion and a distinct difference between their dominant and the arm that is not dominant. Treatment options include physical therapy to accelerate the healing process naturally and to assist them in achieving better range of motion and feeling in their affected hand faster.

How Can I Tell If My Child is Having Erb's Palsy?

The symptoms of Erb's palsy are paralysis or weakness in varying degrees, of the arm and shoulder. The good news is that most children who suffer from erb's palsy recover completely despite the fact that their condition is generally permanent.

The brachial nerve network connects the neck, (clavicle), and torso with the spinal cord. This allows for movement, sensation, and support of the arm, hand and shoulder. This nerve could be injured by pulling or stretching it.

The difficulty of delivery and the use of force during childbirth, the large baby size, breech appearance, and a prolonged second stage of labor are all common risk factors for this type of injury.

An EMG can be used to determine if you suffer from Erb's Palsy. The test evaluates the activity of muscles as well as nerves. The doctor may also recommend an MRI or CT to take photos of the insides of the body. They can determine the cause of erb's paralysis such as neuroma Avulsion, or Neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Some cases of erb's syndrome require surgery that involves splicing and grafting healthy nerves.

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

A child suffering from Erb's Palsy requires medical attention. The treatment can be costly and can take months or even years to complete. Medical malpractice lawsuits can help families pay for the cost of this treatment.

Erb's palsy is caused due to injuries to the nerves of the upper part of the brachial plexus during the labor process, which can be difficult or long. This kind of injury is typically caused by stretching or traction of the shoulder's nerves during a difficult birth, like when a large baby or a small woman is involved.

To start a medical negligence case the plaintiff must demonstrate that the healthcare professional did not meet the standard of medical care for his or her position and situation. This is done through expert testimony. Medical malpractice claims are based on the actions of healthcare providers, so it's important to select a lawyer who has experience in these cases. This gives you the best opportunity to prove that negligence in the medical field caused your child's Erb palsy.

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

The severity of the Erb's Palsy case for your child will determine how you'll receive compensation. It is essential to talk to a birth injury lawyer immediately if you suspect medical negligence.

A successful Erb's palsy lawsuit could award you substantial financial compensation to cover current and future medical costs for your child. This includes therapies, surgeries as well as assistive devices.

Some children's Erb palsy will heal itself 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 even more substantial damages.

The majority of lawsuits involving Erb's Palsy settle out of court and the defendant will pay you a certain amount to settle your dispute without going to trial. If you're not able to reach a settlement with the defendant, your lawyer will prepare a trial by assembling evidence and hiring medical malpractice experts to support your claims. This includes medical records, evidence from witnesses, and expert witness reports. Your lawyer will present your case before 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 counsel after their child is injured during birth. These injuries can be caused due to medical malpractice by doctors or other hospital personnel. A qualified Erb's Palsy lawyer can assist you in determining if the injury to your child was the result of medical negligence and assist you in legal proceedings.

If the shoulder dystocia you have observed in your child was due to negligence by a hospital or doctor they could be accountable for the damages your child suffered. This could include the cost of your child's medical expenses, lost wages, and pain and suffering.

An experienced Erb's Palsy lawyer will determine if your child's injury was caused by medical malpractice, and then construct a solid case on your behalf to hold the person responsible accountable for their actions.

Conditions that can lead to shoulder dystocia are usually predictable and preventable. If medical professionals fail take the necessary precautions, they may be held accountable for injuries that result. A successful claim could lead to a substantial award and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation that you deserve.