Filing an Erb's Palsy Lawsuit

In the event of a lawsuit, it can award families with financial compensation that can aid in the payment of their child's treatment. It could also assist in holding medical professionals responsible for preventable brachial plexus injuries.

This case involves a girl who developed Erb's syndrome due to complications in her birth. She was born breech and shoulder dystocia (when the child's shoulders get stuck during the delivery). Her injury was caused due to medical negligence.

What Causes Erb’s Palsy?

The brachialplexus is a set of nerves in the shoulder and neck that transmits signals to muscles in the arms, hands, and fingers. Erb's Palsy is a condition that can occur when this nerve system becomes damaged.

This condition is most common during difficult deliveries, prolonged labors and Breech births. In the event of a difficult birth doctors may have to force the baby through the vaginal tube. This can stretch the neck or head of the baby. This can cause injuries from traction, where nerves are stretched. If the force is too strong, it may cause a rupture, where nerves are pulled away from their spinal cord (an Avulsion).

Most children suffering from Erb's Palsy recover fully and have no permanent damage, however this condition can cause limitations in range of motion and a noticeable difference between their dominant and their non-dominant arm. Physical therapy can be used to speed up the healing process and make them feel better in their hand that is affected.

How Can I Tell If My Child has Erb's Palsy?

The symptoms of Erb's Palsy are paralysis or weakness to varying degrees, in the shoulder and arm. The good news is that the majority of children with erb’s palsy recover completely, even though their condition is usually permanent.

The brachial nerve connects the neck, (clavicle) and torso to the spinal cord. This allows movement as well as sensation and support for the hand, arm, and shoulder. This nerve can be injured by pulling or stretching it.

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

A doctor can diagnose erb's systole by conducting an EMG which is a test to determine how well nerves and muscles work. The doctor may also recommend an MRI or CT to take pictures of the insides of your body. They can determine the cause of erb's palsy like neuroma, avulsion, or erb's Palsy attorney neuropraxia (neuropathy that develops when the nerve is stretched instead of tearing away from the spine). Some patients with erb's paralysis require surgery, which includes cutting healthy nerves and then grafting them.

How can I tell if Medical Malpractices Caused My Child's Erb's Palsy?

A child with Erb's Palsy needs medical attention. The treatment may be costly and last for months or even years. Medical malpractice lawsuits can assist families in paying for the cost of these services.

Erb's Palsy is caused by the fact that the upper nerves of brachialplexus get injured in a labor that is difficult. Most of the time, this type of injury results from stretching or traction of nerves in the shoulder during a difficult birth, such as one that involves a large infant or a smaller mother.

To be able to file a medical malpractice claim the plaintiff must establish that the healthcare professional did not meet the standards of care for the position and the role they played in the situation. Expert testimony is used to support this. Medical malpractice claims are based upon the actions of healthcare providers, so it's important to find a lawyer that has experience in these types of cases. This gives you the best chance to prove that medical negligence caused your child's Erb palsy.

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

The extent of the Erb's-Palsy case for your child will determine you'll receive compensation. This is why it's important to speak with a seasoned birth injury attorney immediately if you suspect medical negligence.

A successful Erb's-Palsy lawsuit could earn you significant financial compensation to cover the current and future medical costs for your child. This includes therapy, surgery assistive devices, more.

Some children's Erb's psoriasis is able to heal itself on its own over time, while others require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the case you could be entitled to even more substantial damages.

Most of the cases involving Erb's palsy settle out of court and the defendant will pay a set amount to resolve your claim 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 bringing in medical malpractice experts to prove your claims. This includes medical records, testimony from witnesses and expert witness statements. Your lawyer will then present your case before the jury and a judge.

What Can an Erb's Palsy Lawyer Help Me?

Many parents seek out a lawyer when their child suffers a birth injury. These injuries can be caused by medical negligence doctors or other hospital personnel. A qualified Erb's palsy attorney will assist you in understanding the possibility that your child's injuries were due to malpractice and help you navigate the legal procedure.

If the shoulder dystocia that you experience in your child was the result of negligence by a hospital or doctor they could be responsible for your child’s damages. These damages include the cost of medical bills as well as lost wages, discomfort and pain.

An experienced Erb's Palsy lawyer will determine if your child's injury resulted from medical negligence and then create a strong case on your behalf to hold the person responsible accountable for their actions.

The conditions that cause shoulder dystocia are often pre-planned and avoidable. If medical professionals fail take the necessary precautions, they can be held accountable for injuries that result. A successful case could result in a substantial payout and a lifetime of medical treatment. A lawyer with experience in the field of Erb's palsy will make sure that you get the compensation you are entitled to.