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 young girl who was diagnosed with Erb's Palsy because of complications during her birth. She was born breech and suffered shoulder dystocia. This happens when the shoulders of a child become stuck during delivery. Her injury was due to medical negligence.

What Causes Erb's Palsy?

The brachialplexus is a nerve network in the shoulder and neck that sends signals to muscles in the hands, fingers, and arms. When this system of nerves is damaged, a baby may develop Erb's Palsy.

This condition is more prevalent when there are difficult births, lengthy labors, and breech-births. In a difficult birth doctors might have to exert force to get the baby out of the vaginal canal, which can cause stretching of the baby's neck or head. This could cause an injury to the traction nerves are stretched. If the force is too great it could cause an injury where the nerves are torn away from their spinal cord.

The majority of children suffering from Erb’s Palsy will fully recover and not suffer any lasting damage. However the condition can cause limitations in range 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 to improve the condition of their affected hand.

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

The signs of erb's syndrome are paralysis or weakness to various degrees--of the shoulder and arm. The good news is that most children born with erb's palsy have full recovery, but the condition is typically permanent.

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

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

A doctor can identify erb's palsy by performing an EMG that measures how well nerves and muscles work. The doctor might also recommend an MRI, CT, or other imaging tests to obtain pictures of the inside of the body. They can determine if the erb's is a neuroma, an avulsion or neuropraxia, which is a neuropathy that occurs when a nerve is stretched instead of torn away from the spine. Some erb’s palsy patients require surgery, which includes the grafting of healthy nerves and splicing them.

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

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

Erb's palsy occurs by the fact that the upper nerves of brachialplexus are damaged during a difficult labor. In the majority of cases this kind of injury results from stretching or traction of nerves in the shoulder during the birth process, such as one which involves a big infant or a petite mother.

In order to file a medical malpractice case the plaintiff must show that the healthcare professional did not adhere to the standard of care for his or her position and incident. This is done through expert testimony. Medical malpractice claims are based on actions of healthcare professionals. Therefore, it is crucial to choose an attorney with experience in these cases. This gives you the best opportunity to prove that negligence in the medical field caused your child's Erb palsy.

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

The extent of your child's case will determine the amount of compensation you'll receive. This is the reason it's so important to speak with a seasoned birth injury lawyer whenever you suspect medical negligence.

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

Some children's Erb palsy heals itself as time passes, but other children may need surgery to repair tears or avulsions of the brachial nerves. If this is the case, you may be entitled to further substantial damages.

Most Erb's palsy lawsuits are settled out of court and the defendant pays you a set amount to resolve your case without going to trial. If you're unable reach an agreement with the defendant, then your lawyer will prepare a trial by assembling evidence and hiring medical experts to defend your claims. This includes medical records, evidence from witnesses and expert witness testimony. Your lawyer will present your case front of jurors and a judge.

What can an Erb's Palsy lawyer assist me?

Many parents seek legal advice when their child suffers birth injuries. These injuries could be caused by medical malpractice by doctors and other hospital personnel. An experienced Erb's Palsy attorney will help you understand whether your child's injury was due to malpractice and assist you in the legal process.

If the shoulder dystocia you have observed in your child was due to the negligence of a hospital or doctor, they could be accountable for the damage your child sustained. These damages could include the cost of your child's medical bills or lost wages, as well as pain and suffering.

A good lawyer for Erb's Palsy will determine if the injury to your child was caused by medical malpractice, and then create a case on your behalf to hold the responsible parties accountable for their actions.

Conditions that may cause shoulder dystocia are usually predictable and can be prevented. If medical professionals fail to follow the proper precautions, they may be held liable for the injuries that result. A successful claim could result in a substantial settlement and lifetime medical care. A lawyer who has experience in Erb's psy will make sure that you receive the money you deserve.