Filing an Erb's Palsy Lawsuit

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

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

What is the reason for Erb's Palsy?

The brachialplexus is a network of nerves in the shoulder and neck which sends signals to muscles in the fingers, hands and arms. If this nerve system is damaged, a baby may develop Erb's Palsy.

This is more prevalent in difficult deliveries, long labours, and breech births. In a difficult birth doctors may have to exert force to get the baby out of the vaginal canal, and this may cause stretching of the baby's neck or head. This can cause a traction injury where the nerves are stretched. If the force is too strong, it can cause a rupture where the nerves are torn from their spinal cord (an avulsion).

The majority of babies suffering from Erb's Palsy will fully recover and not suffer any lasting damage. However, this condition can cause weakness, a limited range of motion, and distinct difference between the dominant and non-dominant hand. Treatment options include physical therapy to accelerate the natural healing process and to assist them in achieving greater range of motion and feel in their affected hand earlier.

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

The symptoms of erb's spalsy are weakness or paralysis--to varying degrees in the arm and shoulder. The positive side is that the majority of children with erb's syndrome make full recoveries, although the condition is typically permanent.

The brachial nervous system connects the neck, (clavicle), and torso to the spinal cord. This allows movement, sensation, and support for the arm, hand, and shoulder. The pulling or stretching of this nerve causes injury which can cause erb's palsy lawyers palsy.

This kind of injury is usually resulted from a difficult delivery and force and a baby that is large, breech presentation and an extended second stage of labour.

A doctor can identify erb's palsy by performing an EMG which is a test to determine how well muscles and nerves function. The doctor can also request an MRI, CT, or other imaging tests to get images of the insides of the body. They can determine the cause of erb's palsy such as neuroma an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched rather than torn away from the spine). Certain patients suffering from erb's syndrome require surgery, which requires splicing healthy nerves and grafting them.

How Can I Tell If My Child's Erb's Physical Disability was the result of medical malpractice?

A child who suffers from Erb's Palsy must seek medical attention. The treatment may be costly and can last for months or even years. Medical malpractice lawsuits can help families pay for the cost of care.

Erb's Palsy happens by the fact that the upper nerves of brachialplexus become injured in a labor that is difficult. Most of the time, this type of injury results from traction or stretching of the muscles in the shoulder during difficult births like one that involves a large baby or a smaller mother.

To bring a medical negligence lawsuit, the plaintiff must to establish that the healthcare provider failed to meet the standard of care that was appropriate for the role and position in the scenario. This is accomplished through expert testimony. Medical malpractice claims are based on actions of healthcare professionals, therefore it is important to hire an attorney with experience in these types 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 verdicts worth?

The severity of the Erb's palsy case for your child will determine how you'll be able to receive compensation. This is why it's essential to speak with a seasoned birth injury lawyer as soon as you suspect medical negligence.

A successful Erb's palsy lawsuit could award you substantial financial compensation to pay for current and future medical costs for your child. This includes therapy, surgery assistive devices, more.

Some children's Erb palsy heals itself as time passes, but other children may need surgery to repair tears or avulsions of the brachial nerves. If this is the case, you may be entitled to additional serious damages.

Most erb's palsy lawsuits (new post from K Fonik) settle out of court and the defendant will pay you an amount that will settle 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 the Erb's Palsy cases to prove your claims of medical malpractice. This includes medical records and reports from expert witnesses. Your lawyer will present your case in front of the jury and a judge.

How can an Erb's Palsy lawyer help me?

Many parents seek legal advice when their child suffers birth injuries. These injuries could be by medical negligence doctors or other hospital personnel. A qualified Erb's Palsy lawyer can assist you in determining if the injury to your child was caused by medical negligence and assist you in legal procedures.

If your child's shoulder dystocia was caused by a doctor or hospital's negligence the hospital or doctor could be responsible for your child's injuries. These damages could include compensation for your child's medical bills as well as lost wages and pain and suffering.

A good Erb’s palsy lawyer will determine if the injury to your child was due to medical negligence, Erb's Palsy lawsuits and build a case on your behalf to hold the accountable parties accountable for their actions.

The conditions that cause shoulder dystocia are typically easily preventable and foreseeable. If medical professionals fail to take the necessary precautions, they may be held responsible for any injuries that occur as a result. A successful claim could result in a substantial settlement and a lifetime of medical treatment. A lawyer who has experience in the field of Erb's palsy will make sure that you get the compensation you are entitled to.