Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to pay for the treatment of their child. It also helps hold medical professionals responsible for injuries to the brachial system that could be prevented.

This case concerns a young girl who was diagnosed with Erb's palsy due to complications that occurred during her birth. She was born breech, and also suffered from shoulder dystocia, which is when the shoulders of a child become stuck during the delivery. Her injury was by medical negligence.

What is the cause of Erb's Palsy?

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

This is a common occurrence during difficult deliveries, prolonged labors and the births that are breech. In a difficult birth doctors may need to use force to pull the baby out of the vaginal canal, and this could stretch the baby's neck or head. This can result in an injury to the traction nerves are stretched. If the force is too high it could cause rupture where the nerves are torn away from their spinal cord.

The majority of children with Erb's Palsy will recover completely and do not sustain any permanent damage. However, this condition can cause weakening, limited ranges of motion, as well as distinct difference between the dominant and non-dominant hands. Treatment may include physical therapy to speed up the natural healing process and to assist them in achieving greater range of motion and feel in their affected hand quicker.

How Do I Tell If My Child is Having Erb's Palsy?

The signs of erb's syndrome are weakness or paralysis--to varying levels--of the arm and shoulder. The good news is that most children born with erb's syndrome make full recoveries, although their condition can be permanent.

The brachial nervous system connects the neck (clavicle) and torso with the spinal cord. This allows movement, sensation, and support of the arm, hand, and shoulder. This nerve is susceptible to injury by pulling or stretching it.

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

A doctor can diagnose erb's paralysis by performing an EMG, which measures the extent to which nerves and muscles work. The doctor can also order an MRI or lawsuits CT to take photos of the insides of the body. They can determine the type of erb's palsy such as neuroma an avulsion, or neuropraxia (neuropathy that develops when the nerve is stretched instead of torn away from the spine). Certain cases of erb's paralysis require surgery that involves cutting and grafting healthy nerves.

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

A child with Erb's palsy should seek medical treatment. The treatment can be expensive and last for months or even years. Medical malpractice lawsuits could help families pay the costs of medical treatment.

Erb's spalsy occurs by upper nerves in the brachialplexus get injured during a difficult delivery. This type of injury is typically caused by stretching or traction of the shoulder's nerves during a difficult delivery for example, when a large baby or petite woman is involved.

To file a medical malpractice case the plaintiff must show that the healthcare professional did not meet the standards of care for his or her position and role in the circumstance. This is done through expert testimony. Medical malpractice claims are based on the actions of healthcare professionals, therefore it is crucial to choose an attorney who has experience in these types of 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 Erb's Palsy case will determine the amount of compensation you receive. This is why it's essential to seek out a skilled birth injury lawyer as soon as you suspect medical negligence.

A successful Erb's Palsy lawsuit could earn you significant financial compensation that will cover current and future medical costs for your child. This includes surgeries, therapy and assistive devices, among others.

Some children's Erb's syndrome can heal on its own within time, while others require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case, you could be entitled to additional substantial damages.

The majority of Erb's-Palsy lawsuits are settled out of court. This means that the defendant has to pay a specific amount to settle your case without the need to go to trial. But if you're unable to reach an agreement with the defendant your lawyer will prepare for trial by gathering evidence and hiring experts in Erb's cases to prove your claim of medical malpractice. This includes medical records, lawsuits testimony from witnesses and expert witness statements. Then, your lawyer will present your case in front of the jury and a judge.

What can an Erb's Palsy lawyer help me?

Many parents seek legal counsel after their child is injured during birth. These injuries can be the result of medical malpractice by doctors and other hospital personnel. A qualified Erb's palsy attorney will assist you in understanding the possibility that your child's injuries were caused by negligence and will assist you in the legal process.

If the shoulder dystocia in your child was caused by negligence of a doctor or hospital they could be responsible for the damages your child suffered. This could include the cost of your child's medical bills along with lost wages, pain and suffering.

A good Erb's palsy attorney will determine if your child's injuries resulted from medical malpractice, and then construct a solid case on your behalf to hold the responsible party accountable for their actions.

The conditions that cause shoulder dystocia are usually pre-planned and avoidable. If medical professionals fail to take the proper precautions, then they can be held accountable for any injuries resulting from. A successful claim can result in a substantial settlement as well as lifetime medical treatment. A lawyer who has experience in Erb's psy will make sure that you receive the amount you deserve.