Filing an Erb's Palsy Lawsuit

The filing of a lawsuit could award families financial compensation that will aid in the payment of their child's medical treatment. It can also be used to ensure that medical professionals are held accountable for injuries to the brachial-plexus that could have been avoided.

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

What is the reason for Erb's Palsy?

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

This condition is more common when there are difficult births, lengthy labors, and breech births. In a difficult birth doctors may have to force the baby out of the vaginal canal and this can stretch the baby's neck or head. This could result in injuries from traction, where nerves are stretched. If the force is too strong, it can result in a rupture where nerves are separated from their spinal cord (an Avulsion).

The majority of children suffering from Erb’s Palsy will recover completely and do not sustain any permanent damage. However it can cause weakening, limited ranges of motion, and a noticeable differences between the dominant and non-dominant arm. Treatment can include physical therapy to accelerate the healing process naturally and help them attain better range of motion and feeling in their affected hand earlier.

How Can I Tell If My Child is Having Erb's Palsy?

The symptoms of erb's palsy include weakness or paralysis to varying degrees--of the shoulder and arm. The good news is that the majority of children suffering from erb's syndrome recover completely, even though the condition is generally permanent.

The brachial system of nerves connects the neck (clavicle) and the torso with the spinal cord, allowing for movement, feeling and support of the arm, shoulder, and hand. This nerve could be injured by stretching or pulling it.

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

A doctor can identify erb's palsy by performing an EMG which determines how well muscles and nerves work. The doctor could also suggest an MRI, CT, or other imaging tests to obtain images of the insides of the body. They can determine if the erb's problem is a neuroma, an avulsion or Erb's Palsy attorney a neuropraxia. This is a form of neuropathy that develops when the nerve is stretched rather than ripped from the spine. Certain patients with erb's palsy require surgery, which entails the grafting of healthy nerves and splicing them.

How Do I Find Out If My Child's Erb's Symptoms Was the result of medical malpractice?

A child suffering from Erb's palsy requires medical attention. The treatment can be costly and can last for months or even years. Medical malpractice lawsuits could help families pay for the cost of care.

Erb's syndrome is caused by injuries to the upper nerves of the brachial plexus during an extended or difficult delivery. This kind of injury is usually caused by stretching or traction of the shoulder's nerves during a difficult birth, such as when a large baby or a small woman is involved.

To file a medical malpractice claim, the plaintiff needs to establish that the healthcare provider did not adhere to the standards of care appropriate to the job and position in the situation. Expert evidence can be used to demonstrate this. Medical malpractice claims are based on the actions of healthcare professionals, so it's important to choose a lawyer who has experience in these types of cases. This will give you the most effective chance of proving your child's Erb's palsy was caused by medical negligence.

How much do Erb's Palsy verdicts worth?

The severity of your child's Erb's syndrome case will determine the amount of you'll receive in compensation. It is essential to talk to a birth injury lawyer immediately if you suspect medical negligence.

If you are successful in your Erb's Palsy case, you could receive significant financial compensation for your current and future medical expenses for your child. This includes treatments, surgeries and assistive devices, among others.

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

Most Erb's Palsy lawsuits are settled out of court. This means that the defendant will pay a specific amount to settle your case without having to go to trial. If you are unable to reach an agreement with the defendant, then your lawyer will prepare a trial by collecting evidence and hiring medical malpractice experts to prove your claims. This includes medical records, evidence from witnesses and expert witness reports. Your lawyer will then argue your case before a judge and jury.

How can an Erb's Palsy lawyer help me?

Many parents seek legal advice when their child is injured during birth. These injuries could be caused by medical negligence by doctors or other hospital staff. A qualified Erb's palsy attorney will help you understand the possibility that your child's injuries were caused by negligence and will help you navigate the legal process.

If the shoulder dystocia that you experience in your child was due to negligence by a hospital or doctor they could be responsible for your child’s damages. These damages could include reimbursement for medical expenses as well as lost wages, pain and discomfort.

A good Erb's palsy attorney will determine if the injury suffered by your child was the result of medical negligence and then create an effective case on your behalf to hold the accountable party accountable for their actions.

The conditions that cause shoulder dystocia can be predictable and preventable. If medical professionals fail to take the necessary precautions, they may be held accountable for injuries that result. A successful claim could result in a substantial settlement and also a lifetime of medical care. An experienced lawyer for Erb's palsy will ensure that you receive the compensation that you deserve.