Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families money to assist in paying for their child's medical treatment. It could also assist in holding medical professionals accountable for injuries to the brachial system that could be prevented.

This case involves a young girl who was diagnosed with Erb's palsy due to complications during her birth. She was born breech and had shoulder dystocia. It occurs when the shoulders of a baby become stuck during the delivery. Her injury was caused by medical negligence.

What is the Cause of Erb's Palsy?

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

This condition is more prevalent in difficult deliveries, prolonged labors, and breech-births. In the event of a difficult delivery doctors may have to use force to pull the baby out of the vaginal canal which can cause stretching of the baby's neck or head. This can result in an injury to the traction nerves are stretched. If the force is too strong, it may cause a rupture, where nerves are ripped from their spinal cord (an Avulsion).

The majority of children suffering from Erb's Palsy will fully recover and have no lasting damage. However the condition can cause weakening, limited ranges of motion, as well as noticeable difference between the dominant and non-dominant arm. Treatment options include physical therapy to speed up the natural healing process and to aid in getting more movement and feel in their affected hand faster.

How can I tell If My Child has Erb's Palsy?

The symptoms of erb's spalsy are paralysis or weakness to various levels--of the arm and shoulder. The positive side is that the majority of children born with the condition have full recovery, but their condition can be permanent.

The brachial nerve network connects the neck, (clavicle) and torso to the spinal cord. This allows for movement as well as sensation and support for the arm, hand, and shoulder. Stretching or pulling on this nerve can cause damage and can result in erb's paralysis.

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

A doctor can diagnose erb's paralysis by conducting an EMG which is a test to determine how well nerves and muscles work. The doctor may also order an MRI, CT, or other imaging tests to get images of the interior of the body. They can identify the type of erb's palsy that is present, including neuroma, an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Certain patients with erb's palsy require surgery, which requires splicing healthy nerves and grafting them.

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

A child who suffers from Erb's palsy needs to seek medical treatment. This treatment can be expensive and last for months or even years. Medical malpractice lawsuits can help families cover the cost of medical treatment.

Erb's syndrome is caused by damage to the upper nerves of the brachial plexus during an extended or difficult delivery. This type of injury is typically caused by traction or stretching the shoulder's nerves in a difficult labor, such as when a large baby or petite woman is involved.

In order to be able to file a medical malpractice claim the plaintiff must establish that the healthcare professional failed to meet the standard of care for the position and role in the circumstance. This is done through expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, so it is important to hire an attorney who is experienced in these types of cases. This will give you the best chance to prove that medical negligence caused your child's Erb palsy.

How much are Erb's Palsy verdicts worth?

The extent of your child's case will determine the amount of compensation you will receive. This is why it's essential to consult an experienced birth injury lawyer as soon as you suspect medical negligence.

If you prevail in your Erb's palsy lawsuit you could get significant financial compensation for your current and future medical expenses for your child. This includes treatments, surgeries, assistive devices and more.

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

The majority of Erb's-Palsy lawsuits are settled out of court. This means that the defendant has to pay a set amount to settle your claim 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 gathering evidence and hiring experts in cases involving Erb's palsy to back up your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will then present your case before the jury and a judge.

How can an Erb's Palsy lawyer assist me?

Many parents seek legal advice when their child is injured during birth. These injuries could be caused by medical negligence by doctors and other hospital staff. A qualified Erb's-Palsy attorney will assist you in understanding if your child's injury was caused by negligence and will guide you through the legal procedure.

If your child's shoulder dystocia was due to a doctor's or Erb's palsy lawyer hospital's negligence or carelessness, they could be accountable for your child's injuries. These damages include reimbursement for medical expenses, lost wages and pain and discomfort.

An experienced Erb's Palsy lawyer will determine if your child's injury was caused by 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 often foreseeable and preventable. If medical professionals fail to take the proper precautions, then they can be held accountable for any injuries that may result from. A successful lawsuit could 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 you're entitled to.