Filing an Erb's Palsy Lawsuit

A lawsuit can offer families financial compensation to pay for the treatment of their child. It could also assist in holding medical professionals responsible for injuries to the brachial plexus that could be prevented.

This case involves a girl who developed Erb's palsy due to complications during her delivery. She had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during delivery). Her injury was the result of medical negligence.

What is the reason for 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. When this system of nerves is damaged, a baby may develop Erb's Palsy.

This is a common occurrence in difficult deliveries, long labors, and breech births. 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 result in a traction accident where the nerves are stretched. If the force is excessive it could cause ruptures in which nerves are ripped away from their spinal cord.

Most children suffering from Erb's Palsy recover completely and have no permanent damage, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant arm and the arm that is not dominant. Physical therapy can be used to speed up 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 palsy are weakness or paralysis--to varying levels--of the arm and shoulder. The good news is that most children born with erb's palsy make full recoveries, although the condition is usually permanent.

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

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

A doctor can diagnose erb's palsy by performing an EMG, Erb's palsy which measures how well muscles and nerves function. The doctor could also suggest an MRI, CT, or other imaging test to get images of the inside of the body. They can determine the kind of erb's syndrome such as neuroma an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Some erb's palsy cases require surgery that involves cutting and grafting healthy nerves.

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

A child with Erb's Palsy should seek medical care. This treatment can be costly and take months or even years to complete. Medical malpractice lawsuits can help families pay for the cost of medical treatment.

Erb's Palsy happens by the fact that the upper nerves of brachialplexus are damaged during a difficult birth. In most cases this kind of injury is caused by stretching or traction of muscles of the shoulder during the birth process like one which involves a large infant or a petite mother.

In order to file a medical negligence case, the plaintiff needs to show that the healthcare professional did not adhere to the standards of care that was appropriate to the job and position within the scenario. Expert evidence can be used to support this. Medical malpractice claims are based upon the actions of healthcare professionals and therefore it is essential to find a lawyer that has years of experience handling these types of cases. This will give you the best chance of proving your child's Erb's palsy was the result of medical negligence.

What is the value of Erb's Palsy Case Verdicts Worth?

The extent of your child's Erb's palsy case will determine how much compensation you'll receive. This is why it's essential to seek out a skilled birth injury attorney when you suspect medical negligence.

A successful Erb's palsy lawsuit could earn you significant financial compensation to pay for current and future medical costs for your child. This includes therapy, surgeries as well as assistive devices.

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

Most Erb's palsy lawsuits settle without a trial, which means the defendant will pay you a certain amount to settle your dispute without having to go to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and hiring experts in Erb's palsy cases to back up your claims of medical malpractice. This includes medical records, evidence from witnesses, and expert witness reports. Your lawyer will present your case before an impartial jury and judge.

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

Many parents seek legal advice after their child is injured during birth. These injuries can be caused due to medical malpractice by doctors or other hospital staff. A qualified Erb's palsy attorney can assist you in determining the extent of your child's injury caused by negligence and will 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 the damages your child suffered. This could include the cost of the medical bills of your child as well as lost wages and pain and suffering.

A good Erb's palsy attorney will determine if your child's injuries was the result of medical malpractice and then build an effective case on your behalf to hold the responsible party accountable for their actions.

Conditions that can cause shoulder dystocia can be predicted and can be prevented. If medical experts fail to take the appropriate precautions, they could be held responsible for any injuries that result. A successful claim can lead to a substantial award and lifetime medical care. An experienced Erb's palsy lawyer will ensure that you receive the compensation you are entitled to.