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 hold medical professionals accountable for injuries to the brachial plexus that could have been prevented.

This case involves a girl who was diagnosed with Erb's palsy due to complications during her birth. She was born breech and shoulder dystocia (when the baby's shoulders become stuck during birth). Her injury was caused due to medical negligence.

What is the cause of Erb's Palsy?

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

This is more prevalent in difficult deliveries, long labors, and breech births. In difficult births, Erb's palsy attorney doctors may need to force the baby through the vaginal tube. This may stretch the neck or head of the baby. This can result in an accident of traction where nerves get stretched. If the force is excessive it can lead to a rupture in which the nerves are pulled away from their spinal cord.

The majority of babies with Erb's Palsy will recover completely and not suffer any lasting damage. However this condition can lead to weakening, limited ranges of motion, and noticeable difference between the dominant and non-dominant arm. Physical therapy is a way to accelerate the healing process and make them feel better in their hand that is affected.

How can I tell If My Child has Erb's Palsy?

The symptoms of erb's paralysis are weakness or paralysis varying extents--of the arm or shoulder. The good news is that the majority of children born with the condition make full recoveries, although their condition is often permanent.

The brachial nerve system 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. The nerve can be injured by pulling or stretching it.

Involvement in difficult delivery and the use of force during childbirth, the 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 paralysis by performing an EMG which determines how well nerves and muscles function. The doctor can also order an MRI or CT to capture images of the insides of your body. They can identify the type of erb's spalsy, such as neuroma, an avulsion, or neuropraxia (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 Symptoms Was the result of a medical error?

A child with Erb's Palsy needs medical treatment. The treatment can be costly and can last for months or even years. Medical malpractice lawsuits could aid families in paying for the cost of treatment.

Erb's palsy is caused by injuries to the upper nerves of the brachial plexus after an extended or difficult delivery. Most often, this type of injury is caused by traction or stretching of the muscles in the shoulder during difficult births, such as one which involves a big infant or a petite mother.

In order to file a medical negligence claim, the plaintiff needs to prove that the healthcare professional did not meet the standard of care that was appropriate to the job and position within the scenario. This is accomplished through expert testimony. Medical malpractice claims are based on actions of healthcare professionals, which is why it is essential to employ an attorney who has experience in these kinds of cases. This gives you the best chance to prove that medical negligence caused your child's Erb palsy.

How Much Are Erb's Palsy Case Verdicts Worth?

The extent of your child's Erb's palsy case will determine the amount of compensation you receive. It's important to consult an attorney for Erb's palsy attorney birth injuries as soon as you can if you suspect medical negligence.

If you prevail in your Erb's Palsy case you could get significant financial compensation for both current and future medical expenses for your child. This includes therapy, surgery as well as assistive devices and more.

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

The majority of lawsuits involving Erb's Palsy settle out of court which means that the defendant will pay you a set amount to resolve your claim without going to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and hiring experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records, testimony from witnesses, and expert witness reports. Your lawyer will then argue your case before jurors and judges.

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

Many parents consult a lawyer after a child is injured birth injury. These injuries can be the result of medical malpractice by doctors or other hospital staff. A qualified Erb's palsy attorney can assist you in determining if your child's injury was caused by malpractice and can guide you through the legal procedure.

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 reimbursement for medical expenses, lost wages and discomfort and pain.

A good Erb's palsy attorney will determine if your child's injuries resulted from medical malpractice and then build a strong case on your behalf to hold the accountable party accountable for their actions.

The conditions that cause shoulder dystocia are often foreseeable and preventable. If medical professionals fail to take necessary precautions, they could be held responsible for any injuries that result. A successful case could result in a substantial amount as well as a lifetime of medical care. A knowledgeable lawyer from Erb's Palsy will ensure that you receive the compensation you are entitled to.