Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families financial compensation that can aid in the payment of their child's medical treatment. It is also a way to bring medical professionals to account for injuries to the brachial plexus which could have been avoided.

This case involves a small girl who developed Erb's palsy as a result of complications during her birth. She was born breech and shoulder dystocia (when the baby's shoulders become stuck during birth). Her injury was caused due to medical negligence.

What Causes Erb's Palsy?

The brachial plexus is a network of nerves in the shoulder and neck that sends signals to the muscles of the hands, arms and fingers. If this nerve system is damaged, an infant is susceptible to developing Erb's Palsy.

This condition is more prevalent in difficult deliveries, long labors, and breech-births. In an uneasy birth doctors may have to force the baby through the vaginal tube. This could cause stretching of the neck or Erb's Palsy head of the infant. This could result in an accident of traction where nerves get stretched. If the force is too strong it can result in rupture where the nerves are pulled away from their spinal cord.

The majority of babies suffering from Erb’s Palsy will fully recover and not suffer any lasting damage. However, this condition can cause weakness, limited ranges of motion, and noticeable difference between the dominant and non-dominant hand. Treatment can include physical therapy to speed up the natural healing process and help them attain more movement and feel in their affected hand quicker.

How Do I Know if My Child Has 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 most children who suffer from erb's palsy recover completely, even though their condition is typically permanent.

The brachial nervous system connects the neck, (clavicle), and torso with the spinal cord. This allows movement as well as sensation and support of the hand, arm, and shoulder. The pulling or stretching of this nerve can cause injury to the nerve and can result in erb's paralysis.

This type of injury is often caused by a difficult labour and force as well as a big baby present, breech and an extended second stage of labour.

A doctor can identify erb's palsy by performing an EMG which is a test to determine the extent to which nerves and muscles function. The doctor might also recommend an MRI, CT, or other imaging tests to obtain images of the inside of the body. They can determine if the erb's is an avulsion or aneurism or a neuropraxia. This is a type of neuropathy that manifests when the nerve is stretched, rather than torn from the spine. Some erb’s palsy patients require surgery, which entails splicing healthy nerves and grafting them.

How Do I Determine If Medical malpractice caused my child's Erb’s Palsy?

A child suffering from Erb's syndrome should seek medical attention. This treatment can be costly, and it may last for months or years. Medical malpractice lawsuits can assist families to pay for the cost of this care.

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

To file a medical negligence lawsuit, the plaintiff must to demonstrate that the healthcare professional didn't meet the standards of care that was appropriate for the role and position in the situation. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, so it is crucial to choose an attorney who is experienced in these kinds of cases. This will give you the best chance of proving that your child's Erb's palsy was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of the Erb's palsy case for your child will determine you will be compensated. This is why it's important to seek out a skilled birth injury attorney when you suspect medical negligence.

If you prevail in your Erb's Palsy case you could get significant financial compensation to cover current and future medical expenses for your child. This includes therapies, surgeries aidive devices, surgeries and more.

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

The majority of lawsuits involving Erb's Palsy settle without a trial and the defendant pays you an amount that will settle your case without going to trial. If you're not able to reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's cases to support your claims of medical malpractice. This includes medical records, testimony from witnesses, and expert witness reports. Then, your lawyer will present your case before jurors and a judge.

How can an Erb's Palsy Lawyer Help Me?

Many parents consult a lawyer after their child has suffered a birth injury. These injuries can be caused through medical malpractice by doctors or other hospital staff. An experienced erb's palsy lawsuits Palsy attorney will assist you in understanding the extent of your child's injury due to malpractice and help you navigate the legal process.

If your child's shoulder dystocia was due to a doctor or hospital's negligence, they could be liable for the injuries suffered by your child. This could include compensation for the medical bills of your child, lost wages, and pain and suffering.

A good Erb's palsy attorney will determine if the injury suffered by your child was the result of medical malpractice, and then construct an effective case on your behalf to hold the accountable party accountable for their actions.

The conditions that cause shoulder dystocia can be predictable and preventable. If medical professionals fail to take the proper precautions, they could be held accountable for any injuries that may result from. A successful case could result in a substantial amount and lifetime medical treatment. A lawyer who has experience in the field of Erb's palsy will make sure you receive the compensation you are entitled to.