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 hold medical professionals accountable for brachial-plexus injuries 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 by medical negligence.

What is the reason for Erb's Palsy?

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

This condition is prevalent during difficult deliveries, prolonged labors, and the births that are breech. In an uneasy birth, doctors may need to force the baby through the vaginal tube. This could cause stretching of the neck or head of the infant. This could result in an accident involving traction in which the nerves are stretched. If the force is excessively strong, it could cause a rupture where nerves are ripped from their spinal cord (an avulsion).

Most children with Erb's Palsy recover completely and suffer no permanent damage, but this condition can cause weakening, a limited range of motion and a noticeable distinction between their dominant arm and non-dominant arm. Physical therapy is an option to accelerate the healing process and make to improve the condition of their hand that is affected.

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

The symptoms of erb's palsy include weakness or paralysis to varying extents--of the arm or shoulder. The good news is that most children with erb’s palsy recover fully, even though the condition is typically permanent.

The brachial nervous system connects the neck, (clavicle) and torso to the spinal cord. This allows for movement, sensation, and support for the arm, hand, and shoulder. The nerve can be injured by stretching or pulling it.

This kind of injury can be caused by a difficult birth using force or a large baby, breech presentation and a long second stage of labour.

An EMG can be used to determine if you suffer from Erb's Palsy. The test evaluates the function of muscles and nerves. The doctor may also recommend an MRI or CT to capture pictures of the insides of your body. They can determine if the erb's is an avulsion, a nerve or a neuropraxia. This is a neuropathy that occurs when nerves are stretched instead of being pulled away from the spine. Some erb’s palsy patients require surgery, which involves the grafting of healthy nerves and splicing them.

How Do I Determine If My Child's Erb's Physical Disability Was Caused by Medical Malpractice?

A child who suffers from Erb's syndrome should seek medical treatment. That treatment can be expensive and last for months or years. Medical malpractice lawsuits can assist families in paying for Erb's palsy lawsuit the cost of these services.

Erb's palsy occurs when the upper nerves of the brachialplexus get injured in a labor that is difficult. In the majority of cases this kind of injury is caused by traction or stretching of the muscles of the shoulder during a difficult birth, such as one that involves a large baby or a petite mother.

In order to file a medical negligence lawsuit, the plaintiff must to prove that the healthcare professional did not adhere to the standards of care appropriate to his or her role and position in the scenario. This is accomplished by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals. Therefore, it is crucial to find an attorney with experience in these types of cases. This will give you the best chance of proving that your child's Erb's syndrome was caused by medical negligence.

What is the value of Erb's Palsy Case Verdicts Worth?

The extent of your child's case will determine the amount of compensation you'll receive. This is why it's essential to speak with an experienced birth injury attorney immediately if you suspect medical negligence.

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

Some children's Erb palsy heals by itself as time passes, but others may require surgery to repair tears or avulsions of the brachial nerves. If this is the case, you may be entitled even to more severe damages.

Most Erb's palsy lawsuits are settled without a trial and the defendant pays you an amount set to settle your dispute without going to trial. If you're unable to reach a settlement with the defendant, your lawyer will prepare a trial by gathering evidence and hiring medical malpractice experts to back your claims. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will then present your case to an impartial jury and judge.

What can an Erb's Palsy Lawyer Help Me?

Many parents seek legal advice when their child is injured during birth. These injuries may be because of medical malpractice committed by doctors or other hospital staff. A qualified Erb’s palsy lawyer will help you determine if the injury suffered by your child was caused by medical negligence and guide you through legal proceedings.

If the shoulder dystocia you have observed in your child was the result of negligence by a hospital or doctor they could be accountable for the damages your child suffered. This could include compensation for the medical bills for your child as well as lost wages and pain and suffering.

A reputable Erb's-Palsy lawyer will determine if the injury to your child was the result of medical negligence, and develop a case on your behalf in order to hold the responsible parties accountable for their actions.

Conditions that can cause shoulder dystocia are often predictable and avoidable. If medical professionals fail follow the proper precautions, they could be held accountable for injuries that result. A successful claim could result in a substantial amount and a lifetime of medical care. An experienced lawyer in the field of Erb's Palsy will ensure you receive the compensation you are entitled to.