Filing an Erb's Palsy Lawsuit

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

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

What Causes Erb's Palsy?

The brachialplexus is a set of nerves in the neck and shoulder that transmits signals to muscles in the hands, arms and fingers. When this nerve system is damaged, an infant can develop Erb's Palsy.

This condition is more common when there are difficult births, lengthy 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 may cause stretching of the baby's neck or head. This can lead to an accident of traction where nerves are stretched. If the force is excessively strong, it could result in a rupture where nerves are pulled away from their spinal cord (an Avulsion).

The majority of children with Erb's Palsy will fully recover and do not sustain any permanent damage. However, this condition can cause weakening, limited ranges of motion, and a noticeable difference between the dominant and non-dominant arm. Physical therapy is a way to speed up the healing process and help them feel better in their hand that is affected.

How Do I Know If My Child has Erb's Palsy?

The symptoms of Erb's palsy include paralysis or weakness in varying degrees, of the arm and shoulder. The good news is that most children suffering from erb's syndrome recover completely, even though their condition is usually permanent.

The brachial nervous system connects the neck, (clavicle), and Erb's torso to the spinal cord. This allows for movement as well as sensation and support for the hand, arm, and shoulder. Stretching or pulling on this nerve can cause injury to the nerve and causes erb's Palsy.

This type of injury is often caused by a difficult delivery using force, a large baby or breech presentation, as well as an extended second stage of labour.

A doctor can diagnose erb's palsy by conducting an EMG, which measures the extent to which nerves and muscles function. The doctor may also order an MRI, CT, or other imaging test to get images of the inside of the body. They can identify the type of erb's paralysis that is present, including neuroma, Avulsion, or Neuropraxia (neuropathy that develops when the nerve is stretched instead of torn away from the spine). Some cases of erb's spalsy require surgery, which involves the splicing of healthy nerves and grafting them.

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

A child with Erb's Palsy needs medical attention. The treatment may be costly and can last for months or even years. Medical malpractice lawsuits can help families cover the cost of this treatment.

Erb's palsy occurs when the upper nerves of the brachialplexus are damaged in a labor that is difficult. This kind of injury is typically caused by stretching or traction of the nerves of the shoulder during a difficult delivery for example, when a large baby or a petite woman is involved.

To be able to file a medical malpractice claim the plaintiff must show that the healthcare professional did not meet the standards of care for the position and role in the incident. This is accomplished through expert testimony. Medical malpractice claims are based on the actions of healthcare professionals which is why it's crucial to find a lawyer that has expertise in these kinds of cases. This will give you the best chance of proving that your child's Erb's palsy was the result of medical negligence.

What is the value of Erb's Palsy Case Verdicts Worth?

The severity of the Erb's Palsy case for your child will determine how you'll be able to receive compensation. It is important to speak with an attorney for birth injuries as soon as you can if you suspect medical malpractice.

A successful lawsuit for Erb's palsy could win you significant financial compensation to pay for 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, while others require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the situation you may be entitled even to more substantial damages.

The majority of lawsuits involving Erb's palsy are settled outside of court. This means that the defendant will pay a certain amount to settle your claim without the need to go to trial. If you're unable reach a settlement with the defendant, then your lawyer will prepare a trial by assembling evidence and hiring medical malpractice experts to support your claims. This includes medical records, erb's evidence from witnesses and expert witness testimony. Your lawyer will then present your case before a judge and jury.

How can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal counsel after a child is injured birth injury. These injuries can be the result of medical malpractice by doctors and other hospital personnel. A qualified Erb's Palsy lawyer can help you determine if the injury to your child was caused by medical negligence and help you navigate legal proceedings.

If your child's shoulder dystocia was due to a doctor's or hospital's negligence, they could be liable for your child's damages. These damages may include compensation for the medical bills of your child along with lost wages, pain and suffering.

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

The conditions that cause shoulder dystocia can be foreseeable and preventable. If medical professionals fail follow the proper precautions, they may be held accountable for the injuries that result. A successful lawsuit could result in a substantial settlement and lifetime medical treatment. A knowledgeable lawyer from Erb's Palsy will ensure that you receive all the compensation that you deserve.