Filing an Erb's Palsy Lawsuit

The filing of a lawsuit could award families with money to assist in paying for their child's medical treatment. It also helps hold medical professionals accountable for brachial plexus injuries that could have been prevented.

This case involves a child who was diagnosed with Erb's palsy due to complications during her delivery. She was born breech and had shoulder dystocia. This is when the shoulders of a child get stuck during delivery. Her injury was due to medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus is a nerve network in the neck and shoulder that sends signals to muscles in the hands, fingers and arms. If this nerve system is damaged, an infant is susceptible to developing Erb's Palsy.

This condition is most common during difficult delivery, prolonged labors and the births that are breech. In difficult births, doctors may need to force the baby through the vaginal tube. This may stretch the neck or head of the baby. This can lead to an accident of traction where nerves get stretched. If the force is excessively strong, it could cause a rupture where the nerves are torn from their spinal cord (an Avulsion).

The majority of children suffering from Erb’s Palsy will fully recover and do not sustain any permanent damage. However the condition can cause weakness, a limited range of motion, as well as distinct difference between the dominant and non-dominant hand. Treatment can include physical therapy to accelerate the healing process naturally and help them attain better movement and sensation in their affected hand faster.

How can I tell if My Child Has Erb’s Palsy?

The symptoms of this condition include weakness or paralysis to varying degrees, within the arm and shoulder. The positive side is that the majority of children born with erb's palsy get full recovery, though their condition can be permanent.

The brachial plexus system of nerves connects the neck (clavicle) and torso to the spinal cord, allowing for the movement, sensation and support of the shoulder, arm and hand. Stretching or pulling on this nerve causes injury and causes 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 risks for erb's palsy attorney this type of injury.

A doctor can diagnose erb's paralysis by performing an EMG which determines how well muscles and nerves work. The doctor can also order an MRI or CT to capture pictures of the insides of the body. They can determine the cause of erb's palsy that is present, including neuroma, the avulsion or neuropraxia (neuropathy that develops when the nerve is stretched instead of torn away from the spine). Certain patients suffering from erb's syndrome require surgery, which includes connecting healthy nerves, and then grafting them.

How Can I Tell If My Child's Erb's Palsy Was Caused by Medical Malpractice?

A child who is suffering from Erb's Palsy must seek medical treatment. That treatment can be expensive and can last for months or even years. Medical malpractice lawsuits can help families cover the costs of treatment.

Erb's Palsy is caused by injuries to the upper nerves of the brachial nerve plexus during the process of delivering a long or difficult. This type of injury is usually caused by stretching or traction of the shoulder's nerves during a difficult delivery, for example, when a large baby or a small woman is involved.

In order to start a medical negligence case the plaintiff must show that the healthcare professional did not meet the standards of care for the position and situation. This is done through expert testimony. Medical malpractice claims are based on the actions of healthcare providers, so it's important to find a lawyer that has prior experience in these kinds of cases. This gives you the best opportunity to prove that medical negligence caused your child's Erb palsy.

How much do Erb's Palsy verdicts worth?

The severity of your child's Erb's syndrome case will determine how much you'll receive in compensation. This is why it's important to consult an experienced birth injury attorney when you suspect medical negligence.

If you prevail in the Erb's-Palsy lawsuit you could be awarded substantial financial compensation for current and future medical expenses for your child. This includes surgery, therapy, assistive devices, and many more.

Certain children's Erb's Palsy heals on its own in time, while others require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the case, you may be entitled to even more substantial damages.

The majority of lawsuits involving Erb's Palsy settle without a trial that is, the defendant pays you a set amount to resolve your dispute without having to go to trial. If you're unable reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and bringing in experts in Erb's cases to prove your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness testimony. Your lawyer will present your case in front of a judge and jury.

How can an Erb's Palsy lawyer assist me?

Many parents contact a lawyer after a child is injured birth injury. These injuries can be caused by medical malpractice by doctors and other hospital personnel. A qualified erb's Palsy attorney [leewhan.com] can assist you in determining the possibility that your child's injuries were caused by malpractice and can assist you in the legal process.

If the shoulder dystocia that you experience in your child was the result of the negligence of a hospital or doctor, they could be accountable for the injuries your child sustained. This could include the cost of your child's medical expenses or lost wages, as well as pain and suffering.

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

The conditions that can cause shoulder dystocia often are predictable and can be prevented. If medical professionals fail take the necessary precautions, they can be held responsible for the injuries that result. A successful claim can result in a substantial settlement and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive all the compensation that you deserve.