Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families financial compensation that will aid in the payment of the treatment of their child. It can also be used to make medical professionals accountable for injuries to the brachial plexus that could have been avoided.

This case involves a child who developed Erb's palsy due to complications in her birth. She was born breech and suffered from shoulder dystocia. This is when the shoulders of a baby become stuck during birth. Her injury was caused by medical negligence.

What Causes Erb's Palsy?

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

This is a common occurrence in difficult deliveries, long labors and breech births. In the event of a difficult birth doctors may have to use force to push 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 too great it can result in rupture where the nerves are cut off from their spinal cord.

Most children suffering from Erb's Palsy recover fully and have no permanent harm, but this condition can cause an inability to move, a restricted range of motion and a noticeable distinction between their dominant and the arm that is not dominant. Physical therapy can be used to accelerate the healing process and help them feel better in their affected hand.

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

The symptoms of erb's palsy include weakness or paralysis to varying extents--of the arm or shoulder. The good news is that a majority of children born with erb's palsy make full recoveries, although their condition is often permanent.

The brachial nerve connects the neck, (clavicle), and torso to the spinal cord. This allows movement, sensation, and support for the arm, Erb's palsy hand and shoulder. When you pull or stretch this nerve causes injury, resulting in erb's palsy.

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

A doctor can diagnose erb's palsy by performing an EMG which is a test to determine how well nerves and muscles function. The doctor may also recommend an MRI or CT to capture images of the insides of the body. They can determine if the erb's are an avulsion, a neuroma or the neuropraxia, a neuropathy that occurs when a nerve is stretched rather than torn from the spine. Some erb's palsy cases require surgery that involves the splicing of healthy nerves and grafting them.

How Do I Know If My Child's Erb's Palsy Was Caused by Medical Malpractice?

A child with Erb's Palsy requires medical care. This treatment can be expensive and last for months or even years. Medical malpractice lawsuits can help families pay the costs of care.

Erb's spalsy occurs when the upper nerves of the brachialplexus get injured during a difficult labor. In most cases, this type of injury results from stretching or traction of the muscles in the shoulder during difficult births, such as one which involves a big infant or a small mother.

To file a medical malpractice case, the plaintiff has to demonstrate that the healthcare professional did not meet the standard of care appropriate for the role and position in the scenario. Expert evidence can be used to prove this. Medical malpractice claims are based upon the actions of healthcare professionals. Therefore, it is important to hire an attorney who has experience in 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 law firm Palsy Case Verdicts Worth?

The extent of your child's Erb's palsy case will determine how much compensation you will receive. It is essential to talk to an attorney for birth injuries whenever you suspect medical negligence.

A successful Erb's palsy lawsuit could earn you significant financial compensation to cover the current and future medical costs for your child. This includes physiotherapy, surgery as well as assistive devices and more.

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

Most Erb's palsy lawsuits are settled out of court that is, the defendant will pay you a certain amount to 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 Erb's palsy cases to prove your claims of medical malpractice. This includes medical records, evidence from witnesses, and expert witness reports. Your lawyer will present your case in before the jury and a judge.

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

Many parents contact a lawyer when their child suffers a birth injury. These injuries can occur due to medical malpractice by doctors or other hospital personnel. A qualified Erb's palsy attorney can help you determine whether your child's injury was caused by malpractice and can guide you through the legal procedure.

If the shoulder dystocia you have observed in your child's shoulder was caused by a doctor's or hospital's negligence they could be accountable for the damages your child suffered. This could include compensation for the medical bills of your child, lost wages, and pain and suffering.

A good Erb's palsy attorney will determine if the injury suffered by your child was the result of medical malpractice, and then construct a strong case on your behalf to hold the responsible party accountable for their actions.

The conditions that cause shoulder dystocia are often easily preventable and foreseeable. If medical professionals fail to take necessary precautions, they may be held accountable for any injuries that result. A successful case could result in a substantial amount as well as lifetime medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation you're entitled to.