Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to pay for the treatment of their child. It can also help to hold medical professionals responsible for brachial plexus injuries that could have been prevented.

This case involves a small girl who developed Erb’s palsy due to complications during her birth. She was born breech and had shoulder dystocia. It occurs when the shoulders of a baby become stuck during the delivery. Her injury was by medical negligence.

What is the reason for Erb's Palsy?

The brachialplexus is an intricate network of nerves in the shoulder and neck which transmits signals to muscles in the arms, hands, and fingers. Erb's Palsy can develop when this nerve system becomes damaged.

This condition is prevalent during difficult delivery, prolonged labors, and breech births. In an uneasy delivery, doctors may have to use force to pull the baby out of the vaginal canal and this can stretch the baby's neck or head. This can result in an injury from traction where the nerves are 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 with Erb's Palsy recover completely and suffer no permanent damage, however this condition can cause weakening, a limited range of motion and a distinct difference between their dominant arm and non-dominant arm. Treatment can include physical therapy to accelerate the natural healing process and to aid in getting more movement and feel in their affected hand quicker.

How do I tell If My Child has Erb's Palsy?

The symptoms of Erb's 'Palsy' include weakness or paralysis in varying degrees, of the shoulder and arm. The positive side is that the majority of children born with the condition have full recovery, but their condition is often permanent.

The brachial nerve connects the neck (clavicle) and torso, with the spinal cord. This allows movement, sensation, and support of the hand, arm, and shoulder. Stretching or pulling on this nerve can cause damage, resulting in erb's palsy.

A difficult delivery and the use of force during childbirth, large baby size, breech presentation, and a prolonged second stage of labor are common risk factors for this kind of injury.

A doctor can diagnose erb's palsy by performing an EMG which is a test to determine the extent to which nerves and muscles function. The doctor could also suggest an MRI, CT, or other imaging test to get images of the insides of the body. They can determine the kind of erb's paralysis such as neuroma the avulsion or neuropraxia (neuropathy that develops when the nerve is stretched instead of torn away from the spine). Some cases of erb's spalsy require surgery, which involves the splicing of healthy nerves and grafting them.

What Can I Do to Determine if Medical Malpractice Caused My Child's Erb’s Palsy?

A child suffering from Erb's Palsy should seek medical treatment. That treatment can be expensive and take months or even years to complete. Medical malpractice lawsuits can help families cover the cost of medical treatment.

Erb's Palsy is caused by injury to the upper nerves of the brachial plexus during a difficult or prolonged delivery. In the majority of cases, this type of injury is caused by stretching or traction of muscles in the shoulder during the birth process like one which involves a big infant or a mother who is petite.

To file a medical malpractice lawsuit, the plaintiff must to prove that the healthcare professional failed to meet the standard of care appropriate to his or her role and position within the scenario. Expert testimony can be used to support this. Medical malpractice claims are based on the actions of healthcare professionals. Therefore, it is crucial to choose an attorney who has experience in these kinds of cases. This will give you the best chance to prove that negligence in the medical field caused your child's Erb palsy.

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

The severity of the Erb's Palsy case for your child will determine you'll be able to receive compensation. This is why it's essential to consult an experienced birth injury attorney whenever you suspect medical negligence.

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

Some children's Erb's syndrome will heal on its own in time, while others require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case, you could be entitled to additional substantial damages.

Most Erb's palsy lawsuits settle without a trial, which means the defendant will pay a certain amount to settle your dispute without going to trial. But if you're unable to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and hiring experts in Erb's cases to support your claims of medical malpractice. This includes medical records and evidence from experts. Your lawyer will present your case in front of jurors and a judge.

How can an Erb's Palsy lawyer help me?

Many parents seek legal counsel after their child is injured during birth. These injuries can result from medical malpractice by doctors or other hospital staff. A qualified Erb's-Palsy attorney can help you determine if your child's injury was due to malpractice and assist you in the legal process.

If your child's shoulder dystocia was due to a doctor or hospital's negligence, they could be liable for your child's damages. These damages can include reimbursement for medical bills or lost wages, as well as pain and discomfort.

A reputable erb's palsy law firm-Palsy lawyer will determine if the injury to your child was the result of medical malpractice, and then make a claim on your behalf in order to hold the responsible parties accountable for their actions.

Conditions that can lead to shoulder dystocia are usually predictable and preventable. If medical professionals fail follow the proper precautions, they could be held responsible for the injuries that result. A successful claim can lead to a substantial award and lifetime medical treatment. An experienced lawyer in Erb's psy will make sure that you receive the amount you are entitled to.