Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families with financial compensation that can assist in paying for the treatment of their child. It can also help to hold medical professionals accountable for preventable brachial plexus injuries.

This case involves a child who was diagnosed with Erb's palsy due to complications during her delivery. She was born breech and shoulder dystocia (when the child's shoulders get stuck during the delivery). Her injury was the result of medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus is a nerve network in the neck and shoulder that transmits signals to muscles in the fingers, hands and arms. If this nerve system is damaged, an infant may develop Erb's Palsy.

This condition is most common when there are difficult births, long labors and breech births. In a difficult delivery doctors may have to force the baby out of the vaginal canal, and this could stretch the baby's neck or head. This could result in injuries from traction, where nerves are stretched. If the force is excessively strong, it could cause a rupture where the nerves are torn from their spinal cord (an Avulsion).

Most babies with Erb's Palsy recover completely and suffer no permanent injuries, but this condition can leave them with limitations in range of motion and a distinct difference between their dominant arm and the non-dominant hand. Physical therapy can be utilized to speed up the healing process and Erb's Palsy attorney make the patient feel better in their hand that is affected.

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

The symptoms of this condition include weakness or paralysis, in varying degrees, of the arm and shoulder. The good news is that a majority of children with erb's syndrome are fully recovered, even though the condition is typically permanent.

The brachial nerve network connects the neck, (clavicle), and torso with the spinal cord. This allows movement as well as sensation and support of the arm, hand and shoulder. Pulling or stretching this nerve can cause injury to the nerve and causes erb's Palsy.

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

An EMG can be used to diagnose Erb's Palsy. This test measures the function of muscles and nerves. The doctor can also request an MRI or CT to take photos of the insides of the body. They can determine if the erb's is an avulsion, a neuroma or neuropraxia, which is an autoimmune condition that occurs when a nerve is stretched instead of being pulled away from the spine. Some erb's palsy cases require surgery, which involves the splicing and grafting of healthy nerves.

How Can I Tell If Medical Malpractices Caused My Child's Erb’s Palsy?

A child suffering from Erb's palsy should seek medical treatment. This treatment can be costly, and it may be a long time coming. Medical malpractice lawsuits can help families cover the cost of this treatment.

Erb's Palsy is caused when the upper nerves of the brachialplexus are injured in a labor that is difficult. Most often, this type of injury is caused by stretching or traction of the muscles in the shoulder during an uneasy birth, such as one that involves a large infant or a small mother.

In order to start a medical negligence case the plaintiff must demonstrate that the healthcare professional failed to meet the standard of medical care for the job and position in the situation. This is accomplished through expert testimony. Medical malpractice claims are based on the actions of healthcare providers, Erb's palsy attorney so it's important to select a lawyer who has years of experience handling these types of cases. This will give you the best chance to prove that the Erb's palsy of your child was the result of medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of the Erb's Palsy case for your child will determine how you'll receive compensation. It is important to speak with an attorney for birth injuries immediately if you suspect medical malpractice.

A successful Erb's palsy lawsuit could win you significant financial compensation to cover current and future medical costs for your child. This includes surgery, therapy as well as assistive devices and more.

Some children's Erb palsy heals itself over time, however other children may require surgery to repair avulsions or tears of the brachial nerves. If this is the case, you could be entitled to further serious damages.

Most Erb's palsy lawsuits are settled out of court, which means the defendant will pay you a set amount to resolve your case without going to trial. If you are unable to reach an agreement with the defendant, your lawyer will prepare a trial through gathering evidence and hiring medical malpractice experts to prove your claims. This includes medical records, evidence from witnesses and expert witness reports. Your lawyer will then argue your case before jurors and judges.

How can an Erb's Palsy lawyer help me?

Many parents seek legal advice when their child suffers birth injuries. These injuries could be caused by medical malpractice by doctors or other hospital staff. An experienced Erb's Palsy attorney will assist you in understanding the possibility that your child's injuries were caused by malpractice and assist you in the legal process.

If your child's shoulder dystocia occurred due to a doctor or hospital's negligence or carelessness, they could be accountable for your child's injuries. These damages can include the cost of your child's medical expenses as well as lost wages and pain and suffering.

A good Erb's palsy attorney will determine if the injury suffered by your child resulted from medical malpractice. Then, you can build an effective case on your behalf to hold the person responsible accountable for their actions.

The conditions that cause shoulder dystocia are often easily preventable and foreseeable. If medical professionals fail to take necessary precautions, they could be held accountable for any injuries that may result from. A successful case could result in a substantial payout and also a lifetime of medical treatment. An experienced lawyer for Erb's palsy will ensure that you receive the compensation you are entitled to.