Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It can also help hold medical professionals accountable for preventable brachial plexus injuries.

This case involves a small girl who developed Erb’s palsy because of complications that occurred during her birth. She was born breech and suffered from shoulder dystocia, which is 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 sends signals to muscles in the fingers, hands and arms. If this nerve system is damaged, an infant is susceptible to developing Erb's Palsy.

This condition is more common in difficult deliveries, prolonged labours, and breech-births. In a difficult birth, doctors may need to force the baby through the vaginal tube. This can stretch the neck or head of the infant. This can result in an accident involving traction in which the nerves get stretched. If the force is too strong, it can cause a rupture, where nerves are ripped from their spinal cord (an Avulsion).

Most babies with Erb's Palsy recover completely and have no permanent damage, but this condition can leave them with weakening, a limited range of motion and a noticeable difference between their dominant arm and the non-dominant hand. Treatment can include physical therapy to accelerate the healing process naturally and to help them achieve more movement and feel in their affected hand faster.

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

The symptoms of Erb's 'Palsy' are paralysis or weakness to varying degrees, within the shoulder and arm. The positive side is that the majority of children born with erb's palsy 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 for movement, sensation, and support for the hand, arm, and shoulder. This nerve can be injured by stretching or pulling it.

Involvement in difficult delivery and the use of force during childbirth, the large baby size, breech display, and prolonged second stage labor are common risks for this type of injury.

A doctor can diagnose erb's palsy by performing an EMG, which measures how well nerves and muscles work. The doctor erb's palsy attorney can also order an MRI or CT to take pictures of the insides of your body. They can determine if the erb's is an avulsion, a nerve or a neuropraxia, which is a form of neuropathy that develops when nerves are stretched rather than ripped from the spine. Some cases of erb's syndrome require surgery, which involves splicing and grafting healthy nerves.

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

A child who suffers from Erb's syndrome should seek medical treatment. This treatment can be costly and can last for months or even years. Medical malpractice lawsuits may help families pay the costs of treatment.

Erb's Palsy happens by the fact that the upper nerves of brachialplexus become injured during a difficult labor. In most cases, this type of injury is caused by traction or stretching of the nerves in the shoulder during a difficult birth, such as one which involves a big infant or a smaller mother.

In order to file a medical negligence case, the plaintiff has to establish that the healthcare provider didn't meet the standards of care appropriate to his or her role and position in the situation. Expert testimony can be used to demonstrate this. Medical malpractice claims are based on actions of healthcare professionals, so it is essential to employ an attorney who is experienced in these types of cases. This gives you the best chance to prove that negligence in the medical field caused your child's Erb palsy.

What's the value of Erb's Palsy verdicts worth?

The severity of your child's Erb's syndrome case will determine how much compensation you will receive. It is essential to talk to a birth injury lawyer whenever you suspect medical malpractice.

A successful Erb's palsy lawsuit could win you significant financial compensation to cover current and future medical expenses for your child. This includes surgeries, therapy and assistive devices, among others.

Certain children's Erb's Palsy heals on its own in time, while others require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the case, you may be entitled to even greater damages.

Most of the cases involving Erb's palsy are settled out of court which means that the defendant will pay an amount set to settle your dispute without having to go to trial. If you're not able to reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records and testimony from experts. Then, your lawyer will present your case front of the jury and a judge.

What can an Erb's Palsy lawyer assist me?

Many parents seek legal counsel after their child is injured during birth. These injuries could be caused by medical malpractice by doctors or other hospital staff. A qualified Erb's palsy attorney will assist you in understanding whether your child's injury was caused by malpractice and guide you through the legal procedure.

If the shoulder dystocia that you experience in your child was due to the negligence of a hospital or doctor, they could be accountable for your child’s damages. This could include compensation for the medical bills of your child as well as lost wages and pain and suffering.

An experienced Erb's Palsy lawyer will determine if the child's injury was the result of medical malpractice. Then, you can build an effective case on your behalf to hold the responsible party accountable for their actions.

The conditions that can cause shoulder dystocia are often predictable and treatable. If medical experts fail to take the appropriate precautions, they could be held accountable for any injuries that result. A successful case could result in a substantial payout and lifetime medical care. A lawyer with experience in Erb's psy will make sure that you get the compensation you are entitled to.