Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families money to aid in paying for their child's treatment. It can also help hold medical professionals responsible for injuries to the brachial system that could be prevented.

This case involves a little girl who was diagnosed with Erb's Palsy due to complications that occurred during her birth. She was born breech, and also suffered from shoulder dystocia. It occurs when the shoulders of a baby become stuck during delivery. Her injury was by medical negligence.

What is the cause of Erb's Palsy?

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

This condition is prevalent in difficult deliveries, long labors, and the births that are breech. In a difficult delivery doctors might have to exert force to get the baby out of the vaginal canal, which can cause stretching of the baby's neck or head. This can result in injuries from traction, where nerves are stretched. If the force is excessive it can lead to an injury where the nerves are ripped away from their spinal cord.

Most children suffering from Erb's Palsy recover completely and Erb's palsy Lawsuit suffer no permanent damage, but this condition can cause weakness, limited range of motion and a distinct difference between their dominant and the arm that is not dominant. Physical therapy can be utilized to speed up the healing process and make to improve the condition of their hand that is affected.

How do I know If My Child is Having Erb's Palsy?

The symptoms of erb's spalsy are paralysis or weakness to various degrees--of the shoulder and arm. The good news is that many children with erb’s palsy recover fully, even though their condition is usually permanent.

The brachial plexus system of nerves connects the neck (clavicle) and the torso with the spinal cord, allowing movement, feeling and support of the arm, shoulder, and hand. This nerve can be injured by stretching or Erb's palsy lawsuit pulling it.

This type of injury is typically caused by a difficult labour or force as well as a big baby, breech presentation and a long second stage of labour.

A doctor can diagnose erb's palsy by performing an EMG which determines how well nerves and muscles function. The doctor may also request an MRI or CT to take photos of the insides of the body. They can determine if the erb's condition is an avulsion, a nerve or neuropraxia, which is a type of neuropathy that manifests when a nerve is stretched instead of being pulled away from the spine. Some erb’s palsy patients require surgery, which requires splicing healthy nerves and grafting them.

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

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

Erb's Palsy happens by the fact that the upper nerves of brachialplexus are damaged during a difficult labor. Most of the time this kind of injury results from traction or stretching of the nerves in the shoulder area during difficult births like one that involves a large infant or a petite mother.

To file a medical negligence case, the plaintiff needs to show that the healthcare professional failed to meet the standard of care appropriate to the position and position within the scenario. Expert testimony is used to support this. Medical malpractice claims are based upon the actions of healthcare providers and therefore it is essential to find a lawyer that has prior experience in these types of cases. This will give you the best chance of proving the Erb's palsy of your child was the result of medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's Palsy case will determine the amount of compensation you'll receive. It is essential to talk to an attorney for birth injuries whenever you suspect medical negligence.

A successful Erb's palsy lawsuit could award you substantial financial compensation that will cover current and future medical expenses for your child. This includes surgery, therapy as well as assistive devices and more.

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

Most Erb's palsy lawsuits are settled without a trial that is, the defendant pays you a set amount to resolve your case without going to trial. If you're unable reach a settlement with the defendant, your lawyer will prepare a trial by collecting evidence and bringing in medical malpractice experts to support your claims. This includes medical records, testimony from witnesses and expert witness reports. Then, your lawyer will present your case in before a judge and jury.

What Can an Erb's Palsy Lawyer Help Me?

Many parents consult a lawyer after a child suffers a birth injury. These injuries can be the result of medical malpractice by doctors or other hospital personnel. A qualified Erb’s palsy lawyer can assist you in determining if the injury suffered by your child was the result of medical malpractice and guide you through legal proceedings.

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

An experienced Erb's Palsy lawyer will determine if your child's injuries resulted from medical negligence and then create an effective case on your behalf to hold the accountable party accountable for their actions.

The conditions that can cause shoulder dystocia can be predicted and avoidable. When medical professionals fail to take the proper precautions, they could be held accountable for the injuries that result. A successful claim can result in a significant award and a lifetime of medical treatment. A lawyer who is experienced in Erb's Palsy will ensure that you get the compensation you deserve.