Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It can also help to hold medical professionals accountable for injuries to the brachial plexus that could be prevented.

This case involves a young girl who was diagnosed with desoto erb's palsy lawsuit palsy due to complications during her birth. She was born breech and suffered from shoulder dystocia. It occurs when the shoulders of a child become stuck during birth. Her injury was caused by medical negligence.

What Causes Erb's Palsy?

The brachialplexus is a set of nerves in the neck and shoulder which transmits signals to muscles of the arms, hands, and fingers. Erb's Palsy can develop when this nerve system becomes damaged.

This condition is prevalent 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 may stretch the neck or head of the infant. This could cause an injury from traction where the nerves are stretched. If the force is too great, it can cause an injury where the nerves are torn away from their spinal cord.

The majority of babies with Erb's Palsy will recover completely and will not sustain any permanent damage. However, this condition can cause limitations in range of motion, and a obvious difference between dominant and non-dominant arm. Physical therapy is an option to accelerate the healing process and help to improve the condition of their affected hand.

How Can I Tell if My Child Has Erb's Palsy?

The symptoms of erb's paralysis include weakness or paralysis to varying degrees in the arm and shoulder. The good news is that the majority of children with erb’s palsy recover completely, even though the condition is usually permanent.

The brachial nerve network connects the neck, (clavicle), and torso, with the spinal cord. This allows for movement as well as sensation and support for the arm, hand and shoulder. Stretching or pulling on this nerve can cause damage which can cause erb's palsy.

A difficult delivery and the use of force during childbirth, large baby size, breech presentation and prolonged second stage labor are all common risks for this type of injury.

A doctor can identify erb's palsy by performing an EMG that measures the extent to which nerves and muscles work. The doctor may also order an MRI, CT, or other imaging tests to get images of the inside of the body. They can determine the cause of erb's palsy that is present, including neuroma, an avulsion, erb's palsy attorney or neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Certain cases of erb's paralysis require surgery that involves the splicing and grafting of healthy nerves.

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

A child who is suffering from Erb's palsy needs to seek medical attention. This treatment can be costly and last for many months or even years. Medical malpractice lawsuits could help families pay for the cost of care.

Erb's Palsy happens when upper nerves in the brachialplexus are damaged in a labor that is difficult. This kind of injury is usually caused by traction or stretching the shoulder's nerves during a difficult birth, such as when a large baby or a petite woman is involved.

To file a medical malpractice claim, the plaintiff needs to show that the healthcare professional did not meet the standard of care appropriate to his or her role and position in the context. Expert testimony can be used to demonstrate this. Medical malpractice claims are based on the actions of healthcare providers which is why it's crucial to hire a lawyer who has years of experience handling these kinds 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 do Erb's Palsy verdicts worth?

The severity of your child's Erb's palsy case will determine the amount of you'll receive in compensation. This is why it's crucial to seek out a skilled birth injury lawyer as soon as you suspect medical negligence.

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

Some children's Erb palsy can heal on its own over time, however others may require surgery to repair avulsions or tears of the brachial nerves. If this is the situation you could be entitled even to more severe damages.

Most of the cases involving Erb's palsy settle out of court, which means the defendant pays you a certain amount to settle your case without going to trial. If you are unable to reach a settlement with the defendant, your lawyer will prepare a trial by assembling evidence and bringing in medical malpractice experts to back your claims. This includes medical records, testimony from witnesses and expert witness statements. Your lawyer will present your case before the jury and a judge.

What Can an Erb's Palsy Lawyer Help Me?

Many parents consult a lawyer after a child suffers a birth injury. These injuries may be by medical negligence doctors or other hospital staff. A qualified Erb's palsy attorney will assist you in understanding whether your child's injury was caused by negligence and will help you navigate the legal procedure.

If the shoulder dystocia 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 the cost of medical bills as well as lost wages, discomfort and pain.

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

The conditions that cause shoulder dystocia are usually easily preventable and foreseeable. If medical professionals fail to make the appropriate precautions, they could be held accountable for injuries that result. A successful claim can result in a substantial settlement as well as lifetime medical care. An experienced lawyer for Erb's palsy will ensure that you receive the compensation that you deserve.