Filing an Erb's Palsy Lawsuit

A lawsuit could offer families financial compensation to pay for the treatment of their child. It can also help hold medical professionals responsible for preventable brachial plexus injuries.

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

What Causes Erb’s Palsy?

The brachialplexus, a nerve system in the neck and shoulder that sends signals to muscles in the hands, fingers and arms. Erb's Palsy may occur when this nerve system becomes damaged.

This condition is most common during difficult deliveries, prolonged labors and the births that are breech. In a difficult birth doctors might have to force the baby out of the vaginal canal, and this may cause stretching of the baby's neck or head. This can cause a traction injury where the nerves are stretched. If the force is too high it could cause ruptures in which nerves are cut off from their spinal cord.

The majority of children with Erb's Palsy recover completely and suffer no permanent injuries, but this condition can leave them with limitations in range of motion and a distinct difference between their dominant arm and the non-dominant hand. Physical therapy is an option to accelerate the healing process and help patients feel better in their affected hand.

How Do I Know If My Child Is Having Erb's Palsy?

The symptoms of erb's spalsy are weakness or paralysis--to varying extents--of the arm or shoulder. The good news is that the majority of children who suffer from erb's palsy recover completely despite the fact that their condition is generally permanent.

The brachial nerve connects the neck, (clavicle), and torso to the spinal cord. This allows movement, sensation, and support for the hand, arm, and shoulder. The pulling or stretching of this nerve can cause injury to the nerve which can cause erb's palsy.

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

An EMG can be used to identify Erb's-Pallsy. The test is a way to determine the function of muscles and Erb's Palsy nerves. The doctor may also recommend an MRI or CT to take pictures of the insides of your body. They can determine if the erb's are an avulsion or aneurism or a neuropraxia, Erb's Palsy which is a type of neuropathy that manifests when a nerve is stretched rather than torn from the spine. Some erb’s palsy patients require surgery, which involves cutting healthy nerves and then grafting them.

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

A child who is suffering from Erb's syndrome should seek medical treatment. This treatment can be costly and last for many months or even years. Medical malpractice lawsuits could help families cover the costs of treatment.

Erb's Palsy is caused when the upper nerves of the brachialplexus are injured during a difficult labor. In the majority of cases, this type of injury is caused by stretching or traction of the muscles of the shoulder during an uneasy birth, such as one which involves a big infant or a small mother.

To file a medical malpractice claim, the plaintiff needs to demonstrate that the healthcare professional did not adhere to the standards of care that was appropriate to his or her role and position in the context. Expert testimony is used to show this. Medical malpractice claims are based on the actions of healthcare professionals. Therefore, it is essential to employ an attorney with expertise in these cases. This will give you the best chance to prove that negligence in the medical field caused your child's Erb palsy.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of the Erb's Palsy case for your child will determine how you'll receive compensation. This is why it's crucial to speak with a seasoned birth injury attorney as soon as you suspect medical negligence.

If you prevail in your Erb's Palsy lawsuit, you could receive significant financial compensation for current and future medical expenses for your child. This includes treatments, surgeries aidive devices, surgeries and more.

Some children's Erb's syndrome will heal on its own in time, however others may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the situation, you may be entitled even to more severe damages.

Most Erb's Palsy lawsuits are settled out of court. This means that the defendant will pay a certain amount to settle your claim without needing to go to trial. However, if you are unable to reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and hiring experts in cases involving Erb's palsy to back up your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will then present your case to a judge and jury.

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

Many parents seek out a lawyer after their child has suffered a birth injury. These injuries can occur due to medical malpractice by doctors or other hospital personnel. An experienced Erb's Palsy attorney can assist you in determining the extent of your child's injury due to malpractice and assist you in the legal process.

If the shoulder dystocia in your child was the result of a doctor's or hospital's negligence they could be responsible for your child’s damages. This could include the cost of your child's medical expenses along with lost wages, pain and suffering.

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

The conditions that cause shoulder dystocia are often foreseeable and preventable. If medical professionals fail follow the proper precautions, they could be held accountable for the injuries that result. A successful claim could result in a substantial amount and lifelong medical care. An experienced lawyer at Erb's Palsy will ensure that you receive all the compensation you are entitled to.