Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families with money to help pay for their child's medical treatment. It can also help hold medical professionals responsible for injuries to the brachial system that could be prevented.

This case concerns a girl who developed Erb's palsy due to complications during her delivery. She had a breech birth and shoulder dystocia (when the child's shoulders become stuck during delivery). Her injury was caused 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 of the hands, arms and fingers. Erb's Palsy may occur when this system of nerves is damaged.

This condition is more common during difficult births, long labors, and breech births. In an uneasy delivery doctors may have to force the baby out of the vaginal canal and this may cause stretching of the baby's neck or head. This can result in an injury from traction where the nerves are stretched. If the force is too strong, it may cause a rupture in which the nerves are torn from their spinal cord (an avulsion).

The majority of children suffering from Erb's Palsy will recover completely and do not sustain any permanent damage. However this condition can lead to weakness, a limited range of motion, and a obvious difference between dominant and non-dominant arm. Treatment options include physical therapy to speed up the healing process naturally and to aid in getting greater range of motion and feel in their affected hand faster.

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

The symptoms of Erb's palsy include weakness or paralysis in varying degrees, of the shoulder and arm. The good news is most children who suffer from erb's palsy recover fully despite the fact that their condition is typically permanent.

The brachial plexus network of nerves connects the neck (clavicle) and the torso with the spinal cord, allowing for movement, feeling and support for the shoulder, Erb's palsy lawsuits arm, and hand. The pulling or stretching of the nerve can cause injury, resulting in erb's palsy.

The difficulty of delivery and the use of force during childbirth, large baby size, breech appearance, and prolonged second stage labor are common risks for this type of injury.

A doctor can identify erb's palsy by performing an EMG which is a test to determine how well muscles and nerves work. The doctor can also request an MRI, CT, or other imaging tests to take pictures of the inside of the body. They can determine the cause of erb's palsy that is present, including neuroma, the avulsion or neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Some patients with erb's paralysis require surgery, which entails the grafting of healthy nerves and splicing them.

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

A child suffering from Erb's Palsy must seek medical attention. This treatment can be costly and can last for months or years. Medical malpractice lawsuits can help families cover the cost of this care.

Erb's Palsy happens by upper nerves in the brachialplexus become injured during a difficult delivery. This type of injury is typically caused by traction or stretching the nerves of the shoulder during a difficult birth, for example, when a large baby or a small woman is involved.

To start a medical negligence case the plaintiff must establish that the healthcare professional failed to adhere to the standard of care for the position and role in the situation. Expert evidence is used to demonstrate this. Medical malpractice claims are based on actions of healthcare professionals, therefore it is crucial to find an attorney who is experienced in these cases. This will give you the best chance to prove that medical negligence caused your child's Erb palsy.

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

The severity of your child's Erb's palsy case will determine how much you'll receive in compensation. This is why it's crucial to consult an experienced birth injury attorney when you suspect medical negligence.

A successful lawsuit for erb's palsy law firms palsy could award you substantial financial compensation to pay for current and future medical expenses for your child. This includes therapy, surgeries and assistive devices, among others.

Some children's Erb palsy can heal on its own over 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 significant damages.

The majority of Erb's palsy lawsuits are settled out of court that is, the defendant will pay you an amount that will settle your dispute without going to trial. If you are unable to reach a settlement with the defendant, then your lawyer will prepare a trial by collecting evidence and hiring medical malpractice experts to support your claims. This includes medical records and reports from experts. Then, your lawyer will present your case in front of the jury and a judge.

How Can an Erb's Palsy Lawyer Help Me?

Many parents contact a lawyer after a child suffers a birth injury. These injuries can be the result of medical malpractice by doctors or other hospital staff. A qualified Erb's-Palsy attorney can help you determine the extent of your child's injury caused by malpractice and can guide you through the legal procedure.

If the shoulder dystocia that you experience in your child was caused by a doctor's or hospital's negligence they could be accountable for the damages your child suffered. These damages could include reimbursement for medical bills, lost wages and pain and discomfort.

A reputable Erb's-Palsy lawyer will determine if the harm to your child was due to medical malpractice, and create a case on your behalf to hold the responsible parties accountable for their actions.

The conditions that can cause shoulder dystocia are usually predictable and treatable. If medical professionals fail to take the proper precautions, they may be held responsible for any injuries that result. A successful claim could result in a significant award and lifetime medical care. A lawyer with experience in the field of Erb's Palsy will ensure that you receive the money you deserve.