Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families with an amount of money that could help pay for their child's treatment. It can also help to hold medical professionals responsible for injuries to the brachial system that could be prevented.

This case involves a child who developed Erb's palsy due to complications in her birth. The birth was breech and shoulder dystocia (when the shoulders of a child become stuck during birth). The injury was due to medical negligence.

What Causes Erb's Palsy?

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

This type of condition is more frequent in difficult deliveries, long labours, and breech births. In a difficult birth, doctors may have to force the baby out of the vaginal canal and this may cause stretching of the baby's neck or head. This could result in injuries from traction, where nerves are stretched. If the force is too great it could cause a rupture in which the nerves are pulled away from their spinal cord.

Most babies with Erb's Palsy recover fully and have no permanent damage, however this condition can cause limitations in range of motion, and a noticeable difference between their dominant arm and the arm that is not dominant. Treatment options include physical therapy to accelerate the natural healing process and help them attain more movement and feel in their affected hand quicker.

How Do I Know if My Child Has Erb's Palsy?

The symptoms of erb's palsy are weakness or paralysis--to varying extents--of the arm or shoulder. The good news is that most children born with erb's palsy get full recovery, though their condition is often permanent.

The brachial nervous system connects the neck (clavicle), and torso with the spinal cord. This allows movement as well as sensation and support of the hand, arm, and shoulder. When you pull or stretch the nerve can cause injury, resulting in erb's palsy law firm palsy.

This kind of injury is usually resulted from a difficult delivery, the use of force as well as a big baby present, breech and a long second stage of labour.

A doctor can diagnose erb's palsy by conducting an EMG which determines how well muscles and nerves function. The doctor may also request an MRI or CT to take photos of the insides of your body. They can determine if the erb's is a neuroma, an avulsion or a neuropraxia, which is a form of neuropathy that develops when nerves are stretched rather than ripped from the spine. Some erb's palsy cases require surgery that involves splicing and grafting healthy nerves.

How Do I Know If My Child's Erb's Palsy Was the result of medical malpractice?

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

Erb's palsy is caused by damage to the upper nerves of the brachial system during a difficult or prolonged delivery. This kind of injury is usually caused by traction or stretching the shoulder's nerves during a difficult birth, for example, when a large baby or a small woman is involved.

To file a medical negligence case, the plaintiff needs to establish that the healthcare provider did not meet the standard of care that was appropriate to his or her role and position in the context. Expert testimony can be used to prove this. Medical malpractice claims are based upon the actions of healthcare professionals and therefore it is essential to find a lawyer that has experience in these types of cases. This will give you the most effective chance of proving your child's Erb's palsy 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 how much you'll receive in compensation. This is the reason it's so important to consult an experienced birth injury lawyer immediately if you suspect medical negligence.

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

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

Most Erb's palsy lawsuits settle without a trial, which means the defendant pays you a certain amount to settle your dispute without having to go to trial. If you're not able to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and hiring experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records, evidence from witnesses, and expert witness reports. Then, your lawyer will present your case in before an impartial jury and judge.

How Can Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal advice after their child suffers birth injuries. These injuries can be caused because of medical malpractice committed by doctors or other hospital personnel. A qualified Erb's palsy attorney can help you determine whether your child's injury was caused by negligence and will assist you in the legal procedure.

If your child's shoulder dystocia was due to a medical professional or hospital's negligence, they could be liable for your child's injuries. These damages can include the cost of your child's medical bills or lost wages, as well as pain and suffering.

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

The conditions that cause shoulder dystocia are usually foreseeable and preventable. When medical professionals fail to follow the proper precautions, they can be held accountable for the injuries that result. A successful claim can result in a substantial amount and a lifetime of medical care. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you deserve.