Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation 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 developed Erb's palsy due to complications during her delivery. She was born breech and suffered shoulder dystocia. This is when the shoulders of a baby become stuck during the delivery. Her injury was by medical negligence.

What Causes Erb's Palsy?

The brachial plexus is a system of nerves in the shoulder and neck that sends signals to the muscles of the hands, arms and fingers. When this nerve system is damaged, a baby can develop Erb's Palsy.

This is a common occurrence when there are difficult births, long labors, 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 could result in a traction injury 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).

Most children suffering from Erb's Palsy recover completely and have no permanent harm, 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. Physical therapy can be utilized to accelerate the healing process and help them feel better in 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 degrees in the arm and shoulder. The good news is that the majority of children born with erb's palsy have full recovery, but their condition can be permanent.

The brachial plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, allowing motion, feeling, and support of the shoulder, arm and hand. Stretching or pulling on this nerve can cause injury to the nerve, resulting in erb's palsy.

Involvement in difficult delivery and the use of force during childbirth, the large baby size, breech appearance, and long second stage of labor are all common risk factors for Erb's Palsy this kind of injury.

A doctor can diagnose erb's palsy by conducting an EMG that measures how well nerves and muscles function. The doctor could also suggest an MRI, CT, or other imaging tests to take images of the insides of the body. They can determine if the erb's is an avulsion or Erb's palsy aneurism or a neuropraxia. This is a form of neuropathy that develops when the nerve is stretched, instead of torn away from the spine. Some erb's palsy cases require surgery, which involves cutting and grafting healthy nerves.

How Do I Know If My Child's Erb's Palsy was the result of medical malpractice?

A child with Erb's Palsy requires medical care. This treatment can be costly and take months or even years to complete. Medical malpractice lawsuits can help families pay for the cost of these services.

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

To be able to file a medical malpractice claim the plaintiff must demonstrate that the healthcare professional failed to meet the standards of care for his or her position and role in the situation. 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 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 lawsuits palsy case will determine the amount of compensation you will receive. It is important to speak with a birth injury lawyer as soon as possible if you suspect medical negligence.

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

Some children's Erb's palsy can heal on its own within time, while others require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case you may be entitled even to greater damages.

Most Erb's palsy lawsuits are settled out of court and the defendant will pay you a set amount to resolve your claim without going to trial. If you're unable 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, testimony from witnesses and expert witness testimony. Your lawyer will then argue your case to an impartial jury and judge.

How Can Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal advice when their child suffers birth injuries. These injuries may be due to medical malpractice by doctors or other hospital personnel. A qualified Erb's palsy attorney will assist you in understanding the extent of your child's injury caused by malpractice and can guide you through the legal procedure.

If your child's shoulder dystocia was due to a doctor's or hospital's negligence, they could be liable for the damages your child sustained. These damages can include the cost of the medical bills of your child, lost wages, and pain and suffering.

A good Erb's palsy attorney will determine if your child's injuries was caused by medical malpractice. Then, you can build a solid case on your behalf to hold the person responsible accountable for their actions.

Conditions that may cause shoulder dystocia are often predictable and preventable. If medical professionals fail to take the proper precautions, they could be held responsible for any injuries that may result from. A successful claim can result in a substantial settlement and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation you are entitled to.