Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families with financial compensation that can assist in paying for their child's treatment. It also helps hold medical professionals accountable for injuries to the brachial plexus that could be prevented.

This case involves a child who developed Erb's palsy due to complications during her delivery. The birth was breech and Erb's palsy shoulder dystocia (when the child's shoulders become stuck during the delivery). The injury was due to medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus is a nerve network in the shoulder and neck which transmits signals to muscles in the fingers, hands, and arms. When this nerve system is damaged, a baby may develop Erb's Palsy.

This is more prevalent when there are difficult births, lengthy labors, and breech-births. In a difficult birth doctors may have to use force to push the baby through the vaginal tube. This can stretch the neck or head of the infant. This can result in an accident involving traction in which the nerves get stretched. If the force is excessive it can result in ruptures in which nerves are torn away from their spinal cord.

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

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

The symptoms of erb's palsy are paralysis or weakness to various degrees in the arm and shoulder. The positive side is that the majority of children born with erb's palsy make full recoveries, although their condition is often permanent.

The brachial system of nerves connects the neck (clavicle) and the torso to the spinal cord, which allows movement, feeling and support of the shoulder, arm and hand. The pulling or stretching of this nerve causes injury, resulting in erb's palsy.

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

A doctor can diagnose erb's palsy by conducting an EMG which is a test to determine the extent to which nerves and muscles function. The doctor may also order an MRI, CT, or other imaging tests to take images of the interior of the body. They can determine the kind of erb's paralysis that is present, including neuroma, the avulsion or neuropraxia (neuropathy that occurs when the nerve is stretched instead of being torn away from the spine). Some erb's palsy cases require surgery, which involves splicing and grafting healthy nerves.

How Can I Tell If My Child's Erb's Palsy Was the result of a medical error?

A child with Erb's Palsy requires medical care. The treatment can be costly and can last for months or years. Medical malpractice lawsuits could help families pay the costs of treatment.

Erb's Palsy happens when upper nerves in the brachialplexus are damaged during a difficult labor. In most cases, this type of injury is caused by traction or stretching of the muscles in the shoulder during difficult births, such as one that involves a large infant or a smaller mother.

In order to be able to file a medical malpractice claim, the plaintiff must prove that the healthcare professional failed to meet the standard of care for the position and role in the circumstance. Expert evidence is used to demonstrate this. Medical malpractice claims are based on the actions of healthcare professionals, therefore it is essential to employ an attorney who is experienced in these kinds of cases. This will give you the best chance of proving that your child's Erb's palsy was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's palsy case will determine how much compensation you'll receive. It is essential to talk to an attorney for birth injuries whenever you suspect medical negligence.

A successful Erb's palsy lawsuit could result in significant financial compensation that will cover current and future medical costs for your child. This includes physiotherapy, surgery, assistive devices, and many more.

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

Most Erb's palsy lawsuits are settled without a trial, which means the defendant pays you a set amount to resolve your dispute without going 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 Erb's palsy cases to prove your claim of medical malpractice. This includes medical records as well as reports from experts. Then, your lawyer will present your case in before jurors and a judge.

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

Many parents consult a lawyer when their child suffers a birth injury. These injuries can occur through medical malpractice by doctors or other hospital personnel. A qualified Erb's palsy attorney can assist you in determining the possibility that your child's injuries were due to malpractice and guide you through the legal procedure.

If the shoulder dystocia you have observed in your child was the result of the negligence of a hospital or doctor, they could be responsible for your child’s damages. These damages include reimbursement for medical bills and lost wages as well as pain and discomfort.

A good Erb's palsy attorney will determine if the child's injury resulted from medical malpractice. Then, you can build a solid case on your behalf to hold the responsible party accountable for their actions.

The conditions that can cause shoulder dystocia are often predictable and avoidable. If medical professionals fail to take the proper precautions, they may be held accountable for the injuries that result. A successful claim can result in a significant award and a lifetime of medical treatment. An experienced erb's palsy law firm palsy lawyer will ensure that you receive the compensation you're entitled to.