Filing an Erb's Palsy Lawsuit

A lawsuit could offer families an amount of money to pay for the treatment of their child. It could also assist in holding medical professionals responsible for injuries to the brachial system that could be prevented.

This case concerns a young girl who developed Erb’s palsy because of complications during her birth. She was born breech and suffered shoulder dystocia, which is when the shoulders of a child get stuck during birth. The injury was by medical negligence.

What is the Cause of Erb's Palsy?

The brachialplexus is a network of nerves in the neck and shoulder which 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 more common in difficult deliveries, long labours, and breech-births. In a difficult delivery, doctors may have to exert force to get the baby out of the vaginal canal and this can stretch the baby's neck or head. This could result in an accident that causes traction, where nerves get stretched. If the force is too high it could cause ruptures in which nerves are pulled away from their spinal cord.

The majority of babies suffering from Erb’s Palsy will recover completely and will not sustain any permanent damage. However the condition can cause weakness, limited ranges of motion, and a noticeable difference between the dominant and non-dominant hands. Treatment options include physical therapy to speed up the healing process naturally and help them attain better movement and sensation in their affected hand earlier.

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

The symptoms of this condition are paralysis or weakness in varying degrees, of the shoulder and arm. The good news is that most children with erb's syndrome make full recoveries, although the condition is usually 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. This nerve is susceptible to injury by stretching or pulling it.

This type of injury is typically caused by a difficult birth and force and a baby that is large, breech presentation and an extended second stage of labour.

A doctor can diagnose erb's paralysis by conducting an EMG which is a test to determine how well muscles and nerves work. The doctor can also request an MRI, CT, or other imaging test to get images of the insides of the body. They can determine if the erb's are an avulsion, a neuroma or a neuropraxia, which is a form of neuropathy that develops when the nerve is stretched rather than ripped from the spine. Certain cases of erb's paralysis require surgery, which involves splicing and grafting healthy nerves.

How Do I Know If My Child's Erb's Physical Disability Was the result of a medical error?

A child suffering from Erb's Palsy should seek medical care. The treatment can be costly and may be a long time coming. Medical malpractice lawsuits could help families cover the costs of medical treatment.

Erb's Palsy is caused by the fact that the upper nerves of brachialplexus become injured in a labor that is difficult. 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 lawsuit, the plaintiff must to demonstrate that the healthcare professional did not adhere to the standards of care appropriate to the job and position in the situation. Expert testimony is used to support this. Medical malpractice claims are based on the actions of healthcare professionals and therefore it is essential to find a lawyer that has years of experience handling these cases. This will give you the best opportunity to prove that medical negligence caused your child's Erb palsy.

What's the value of Erb's Palsy verdicts worth?

The severity of the Erb's Palsy case for your child will determine how you'll receive compensation. This is why it's essential to seek out a skilled birth injury attorney whenever you suspect medical negligence.

A successful lawsuit for Erb's palsy could award you substantial financial compensation that will cover current and future medical costs for your child. This includes surgeries, therapy aidive devices, surgeries and more.

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

Most Erb's palsy lawsuits are settled without a trial which means that the defendant pays you an amount set to settle your dispute without having to go to trial. However, if you are unable to reach an agreement with the defendant your 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 as well as reports from experts. Your lawyer will then present your case to jurors and judges.

How can an Erb's Palsy lawyer assist me?

Many parents contact a lawyer when their child suffers a birth injury. These injuries can result from medical malpractice by doctors or other hospital staff. A qualified Erb’s palsy lawyer can help you determine whether the injury suffered by your child was caused by medical negligence and help you navigate legal procedures.

If the shoulder dystocia in your child was caused by the negligence of a hospital or doctor, they could be accountable for the damages your child suffered. These damages may include the cost of your child's medical expenses or lost wages, as well as pain and suffering.

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

The conditions that cause shoulder dystocia are usually easily preventable and foreseeable. If medical professionals fail to take necessary precautions, they may be held responsible for any injuries that result. A successful lawsuit could result in a substantial settlement as well as a lifetime of medical care. An experienced lawyer at Erb's Palsy will ensure that you receive the compensation you are entitled to.