Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families with financial compensation that can help pay for their child's treatment. It is also a way to hold medical professionals accountable for injuries to the brachial plexus which could have been prevented.

This case involves a girl who was diagnosed with Erb's Palsy due to complications during her delivery. The birth was breech and shoulder dystocia (when the child's shoulders become stuck during delivery). The injury was by 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. Erb's Palsy may occur when this system of nerves becomes damaged.

This type of condition is more frequent in difficult deliveries, prolonged labors, 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 could result in an injury from traction where the nerves are stretched. If the force is excessive it could cause an injury where the nerves are cut off from their spinal cord.

Most children with Erb's Palsy recover completely and suffer no permanent damage, but this condition can cause limitations in range of motion, and a noticeable difference between their dominant and the non-dominant hand. Treatment options include physical therapy to speed up the natural healing process and to aid in getting greater range of motion and feel in their affected hand quicker.

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

The symptoms of Erb's Palsy are paralysis or weakness to varying degrees, in the arm and shoulder. The good news is that a majority of children born with the condition are fully recovered, even though their condition can be permanent.

The brachial plexus system of nerves connects the neck (clavicle) and torso to the spinal cord, enabling mobility, feeling and support for the shoulder, arm, and hand. When you pull or stretch this nerve can cause injury to the nerve and causes erb's Palsy.

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

An EMG can be used to diagnose Erb's Palsy. The test is a way to determine the function of muscles and nerves. The doctor may also recommend an MRI or CT to capture images of the insides of your body. They can determine if the erb's condition is an avulsion, a neuroma or a neuropraxia, which is a neuropathy that occurs when the nerve is stretched rather than torn from the spine. Some erb’s palsy patients require surgery, which includes cutting healthy nerves and then grafting them.

How Do I Know What to Do If My Child's Erb's Syndrome Was the result of a medical error?

A child who is suffering from Erb's palsy should seek medical treatment. This treatment can be expensive and last for many months or even years. Medical malpractice lawsuits may help families pay for the cost of care.

Erb's Palsy happens when the upper nerves of the brachialplexus become injured during a difficult birth. Most often, this type of injury is caused by stretching or traction of nerves in the shoulder during a difficult birth, such as one that involves a large baby or a petite mother.

In order to be able to file a medical malpractice claim the plaintiff must demonstrate that the healthcare professional failed to meet the standard of medical care for his or her job and position in the circumstance. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, which is why it is crucial to choose an attorney with expertise in these cases. This will give you the best chance of proving that the Erb's palsy of your child was the result of medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The extent of the Erb's-Palsy case for your child will determine much you receive in compensation. It's crucial to speak with a birth injury lawyer as soon as possible if you suspect medical negligence.

If you prevail in your Erb's Palsy case You could receive substantial financial compensation to cover current and future medical expenses for your child. This includes therapy, surgery assistive devices, more.

Some children's Erb's psoriasis will heal on its own in time, but some may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the situation you could be entitled to more severe damages.

Most of the cases involving Erb's palsy are settled without a trial, erb's Palsy attorney which means the defendant pays you an amount that will settle your dispute without going to trial. If you're unable to reach a settlement with the defendant, your lawyer will prepare a trial by assembling evidence and hiring medical malpractice experts to prove your claims. This includes medical records and reports from experts. Then, your lawyer will present your case in before an impartial jury and erb's palsy attorney judge.

What Can Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal advice after their child has suffered birth injuries. These injuries can be caused through medical malpractice by doctors or other hospital staff. A qualified Erb's palsy lawyer can help you determine whether the injury to your child was the result of medical negligence and assist you in legal procedures.

If the shoulder dystocia that you experience in your child was caused by negligence by a hospital or doctor they could be responsible for the injuries your child sustained. These damages can include the cost of the medical bills for your child along with lost wages, pain and suffering.

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

Conditions that can cause shoulder dystocia often are predictable and preventable. When medical professionals fail to take the necessary precautions, they may be held accountable for the injuries that result. A successful lawsuit could result in a substantial amount as well as lifetime medical treatment. An experienced lawyer at Erb's Palsy will ensure that you receive all the compensation that you deserve.