Filing an Erb's Palsy Lawsuit

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

This case concerns a girl who developed Erb's palsy due to complications during her delivery. She had a breech birth and shoulder dystocia (when the child's shoulders get stuck during the delivery). Her injury was the result of medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus is a network of nerves in the shoulder and neck that transmits signals to muscles in the fingers, hands, and arms. Erb's Palsy may occur when this nerve system is damaged.

This is more prevalent when there are difficult births, lengthy labors, and breech-births. In a difficult birth doctors may need 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 cause an injury to the traction nerves are stretched. If the force is too high it can lead to rupture where the nerves are pulled away from their spinal cord.

Most babies with Erb's Palsy recover fully and have no permanent injuries, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant arm and the arm that is not dominant. Treatment may include physical therapy to accelerate the healing process naturally and to assist them in achieving better movement and sensation in their affected hand earlier.

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

The symptoms of erb's paralysis include weakness or paralysis to varying degrees in the arm and shoulder. The good news is that many children who suffer from erb's palsy recover fully, even though their condition is typically permanent.

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

A difficult delivery and the use of force during childbirth, the large baby size, breech display, and a prolonged second stage of labor are all common risk factors for this type of injury.

A doctor can diagnose erb's paralysis by performing an EMG that measures how well nerves and muscles function. The doctor could also suggest an MRI, CT, or other imaging tests to take images of the interior of the body. They can determine the type of erb's paralysis, such as neuroma, Avulsion, or Neuropraxia (neuropathy that develops when the nerve is stretched instead of tearing away from the spine). Some erb’s palsy patients require surgery, which includes splicing healthy nerves and grafting them.

How Do I Find Out If My Child's Erb's Symptoms Was Caused by Medical Malpractice?

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

erb's palsy lawsuit Palsy happens when the upper nerves of the brachialplexus become injured during a difficult labor. Most often this kind of injury is caused by traction or stretching of the muscles of the shoulder during the birth process, such as one that involves a large baby or a mother who is petite.

To file a medical malpractice claim, the plaintiff needs to establish that the healthcare provider failed to meet the standard of care appropriate for the role and position within the scenario. This is accomplished by using expert testimony. Medical malpractice claims are based on actions of healthcare professionals, therefore it is important to hire an attorney who is experienced in these cases. This will give you the best chance to prove that negligence in the medical field caused your child's Erb palsy.

How much do Erb's Palsy verdicts worth?

The severity of your child's case will determine how much compensation you receive. This is the reason it's so important to speak with a seasoned birth injury attorney when you suspect medical negligence.

A successful Erb's-Palsy lawsuit could result in significant financial compensation that will cover current and future medical costs for your child. This includes surgery, therapy, assistive devices, and many more.

Some children's Erb palsy heals itself over time, but other children may require surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the case you could be entitled even to greater damages.

Most Erb's palsy lawsuits settle out of court and the defendant will pay an amount that will settle your dispute without having to go to trial. If you're not able to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and hiring experts in Erb's cases to prove your claims of medical malpractice. This includes medical records and testimony from experts. Then, your lawyer will present your case before jurors and a judge.

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

Many parents seek out a lawyer after a child suffers a birth injury. These injuries could be caused by medical negligence by doctors and other hospital personnel. A qualified Erb’s palsy lawyer can help you determine whether the injury to your child was caused by medical negligence and guide you through legal proceedings.

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 the medical bills of your child, lost wages, and pain and suffering.

A good Erb’s palsy lawyer will determine if the injury to your child was caused by medical malpractice, and then create a case on your behalf in order to hold the responsible parties accountable for their actions.

The conditions that cause shoulder dystocia are often predictable and preventable. If medical experts fail to take the appropriate precautions, they may be held accountable for any injuries resulting from. A successful claim could result in a substantial payout and also a lifetime of medical treatment. A lawyer who has experience in Erb's psy will make sure that you get the compensation you deserve.