Filing an Erb's Palsy Lawsuit

A lawsuit can offer families an amount of money to pay for the treatment of their child. It is also a way to make 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 in her birth. She was born breech and shoulder dystocia (when the shoulders of a child become stuck during the delivery). The injury was by medical negligence.

What Causes Erb's Palsy?

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

This condition is most common in difficult deliveries, long labors, and breech births. In an uneasy delivery doctors may need to apply pressure to push the baby out of the vaginal canal which can cause stretching of the baby's neck or head. This could cause injuries from traction, where nerves are stretched. If the force is too high, it can cause an injury where the nerves are pulled away from their spinal cord.

Most children suffering from Erb's Palsy recover completely and suffer no permanent damage, however this condition can cause limitations in range of motion, and a noticeable difference between their dominant and the non-dominant hand. Treatment can include physical therapy to speed up the natural healing process and to assist them in achieving better range of motion and feeling in their affected hand sooner.

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

The symptoms of erb's palsy are paralysis or weakness to various degrees--of the shoulder and arm. The good news is that the majority of children born with erb's palsy have full recovery, but their condition is often permanent.

The brachial nerve network connects the neck, (clavicle), and torso with the spinal cord. This allows movement as well as sensation and support of the arm, hand and shoulder. When you pull or stretch this nerve can cause injury to the nerve, resulting in erb's palsy.

This kind of injury is usually caused by a difficult labour or force as well as a big baby present, breech and the long second stage of labour.

A doctor can diagnose erb's palsy by conducting an EMG that measures how well nerves and muscles work. The doctor may also order an MRI, CT, or other imaging tests to obtain images of the insides of the body. They can determine if the erb's problem is an avulsion, a neuroma or a neuropraxia. This is a type of neuropathy that manifests 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 Find Out If My Child's Erb's Palsy Was the result of a medical error?

A child with Erb's Palsy requires medical care. This treatment can be expensive and last for many months or even years. Medical malpractice lawsuits can help families cover the costs of medical treatment.

Erb's palsy is caused by injuries to the nerves of the upper part of the brachial nerve plexus during an extended or difficult delivery. In the majority of cases, this type of injury results from traction or stretching of the muscles of the shoulder during difficult births, such as one which involves a big infant or a mother who is petite.

In order to be able to file a medical malpractice claim the plaintiff must show that the healthcare professional did not adhere to the standard of care for the position and circumstance. Expert evidence can be used to support this. Medical malpractice claims are based on actions of healthcare professionals, which is why it is essential to employ an attorney who is experienced in these kinds of cases. This will give you the most effective chance of proving your child's Erb's palsy was caused by medical negligence.

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

The severity of your child's Erb's palsy case will determine the amount of compensation you'll receive. It's crucial to speak with a birth injury lawyer as soon as you can if you suspect medical malpractice.

A successful Erb's palsy lawsuit could win you significant financial compensation that will cover current and future medical expenses for your child. This includes surgeries, therapy, assistive devices and more.

Some children's Erb's palsy is able to heal itself on its own over time, but others may require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case, you may be entitled to even more substantial damages.

Most Erb's palsy lawsuits are settled out of court and the defendant will pay an amount set to settle your dispute without going to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by gathering 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 reports. Then, your lawyer will present your case in before the jury and a judge.

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

Many parents seek legal advice when their child has suffered birth injuries. These injuries can occur by medical negligence doctors or other hospital personnel. A qualified Erb's palsy attorney can help you determine the possibility that your child's injuries were caused by malpractice and can help you navigate the legal process.

If the shoulder dystocia in your child was due to negligence by a hospital or doctor they could be responsible for the damages your child suffered. These damages can include the cost of your child's medical bills as well as lost wages and pain and suffering.

A good Erb's palsy attorney will determine if the child's injury was caused by medical malpractice, and then construct a strong case on your behalf to hold the responsible party accountable for their actions.

The conditions that cause shoulder dystocia can be predictable and preventable. If medical professionals fail to take the necessary precautions, then they can be held accountable for any injuries that result. A successful lawsuit could result in a substantial amount and lifetime medical care. An experienced Erb's palsy lawyer will ensure that you receive all the compensation that you deserve.