Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families financial compensation that will aid in paying for their child's treatment. It is also a way to make medical professionals accountable for brachial-plexus injuries that could have been avoided.

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

What Causes Erb's Palsy?

The brachialplexus is an intricate network of nerves in the shoulder and neck that sends signals to muscles of the hands, arms, and fingers. When this system of nerves is damaged, an infant is susceptible to developing Erb's Palsy.

This condition is more prevalent during difficult births, long labours, and breech-births. In the event of a difficult birth doctors may have to force the baby through the vaginal tube. This could cause stretching of the neck or head of the infant. This can cause an injury to the traction nerves are stretched. If the force is too strong, it may cause a rupture, where nerves are separated from their spinal cord (an avulsion).

Most children with Erb's Palsy recover completely and have no permanent damage, however this condition can leave them with limitations in range of motion and a noticeable difference between their dominant arm and the arm that is not dominant. Physical therapy can be utilized to accelerate the healing process and help to improve the condition of their affected hand.

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

The symptoms of Erb's Palsy include paralysis or weakness to various degrees, in the shoulder and arm. The good news is that most children born with erb's syndrome are fully recovered, even though the condition is usually permanent.

The brachial nerve connects the neck, (clavicle) and torso to the spinal cord. This allows movement, sensation, and support for the hand, arm, and shoulder. The nerve can be injured by stretching or pulling it.

This kind of injury can be caused by a difficult labour or force and a baby that is large, breech presentation and the long second stage of labour.

An EMG can be used to determine if you suffer from Erb's Palsy. The test evaluates the function of muscles and nerves. The doctor might also recommend an MRI, CT, or other imaging test to get pictures of the inside 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 torn from the spine. Some erb’s palsy patients require surgery, which includes splicing healthy nerves and grafting them.

How Do I Know If My Child's erb's palsy lawsuits Symptoms Was Caused by Medical Malpractice?

A child suffering from Erb's palsy needs to seek medical treatment. This treatment can be expensive and can last for months or even years. Medical malpractice lawsuits can assist families in paying for the cost of these services.

Erb's Palsy happens by the fact that the upper nerves of brachialplexus get injured during a difficult birth. This kind of injury is usually caused by traction or stretching the shoulder's nerves during a difficult birth, like when a big baby or petite woman is involved.

To file a medical malpractice case the plaintiff must establish that the healthcare professional failed to meet the standards of care for the position and the role they played in the situation. Expert evidence is used to prove this. Medical malpractice claims are based upon the actions of healthcare professionals, so it is essential to employ an attorney with experience in these kinds of cases. This gives you the best opportunity to prove that negligence in the medical field caused your child's Erb palsy.

How much are Erb's Palsy verdicts worth?

The extent of your child's Erb's Palsy case will determine how much you'll receive in compensation. This is why it's essential to speak with an experienced birth injury attorney as soon as 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 surgeries, therapy, assistive devices and more.

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

Most lawsuits for Erb's Palsy are settled out of court. This means that the defendant will pay a specific amount to settle your claim without having to go to trial. If you are unable to reach a settlement with the defendant, Erb's then your lawyer will prepare a trial by collecting evidence and bringing in medical malpractice experts to prove your claims. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will present your case in front of a judge and jury.

What Can Erb's Palsy Lawyer Help Me?

Many parents contact a lawyer when their child suffers a birth injury. These injuries can be the result of medical malpractice by doctors or other hospital staff. An experienced Erb's Palsy attorney can assist you in determining the possibility that your child's injuries were due to malpractice and help you navigate the legal procedure.

If the shoulder dystocia you have observed in your child was due to negligence by a hospital or doctor they could be accountable for the damage your child sustained. This could include the cost of your child's medical expenses as well as lost wages and pain and suffering.

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

The conditions that cause shoulder dystocia are typically easily preventable and foreseeable. When medical professionals fail to follow the proper precautions, they can be held accountable for the injuries that result. A successful claim can lead to a substantial award and a lifetime of medical treatment. A knowledgeable lawyer from Erb's Palsy will ensure that you receive the compensation that you deserve.