Filing an Erb's Palsy Lawsuit

A lawsuit could offer families financial compensation to help pay for the treatment of their child. It can also help to hold medical professionals accountable for injuries to the brachial system that could be prevented.

This case involves a girl who was diagnosed with Erb's Palsy due to complications during her birth. She had a breech birth and shoulder dystocia (when the shoulders of a child become stuck during birth). The injury was due to medical negligence.

What Causes Erb's Palsy?

The brachialplexus is an intricate network of nerves in the neck and shoulder that sends signals to the muscles of the hands, arms, and fingers. If this nerve system is damaged, an infant can experience Erb's Palsy.

This is a common occurrence in difficult deliveries, long labors, and the births that are breech. In a difficult birth doctors may need to force the baby out of the vaginal canal, and this can stretch the baby's neck or head. This could cause an injury to the traction nerves are stretched. If the force is too strong, it may result in a rupture where the nerves are torn from their spinal cord (an avulsion).

Most children with Erb's Palsy recover completely and suffer no permanent damage, however this condition can cause limitations in range of motion and a distinct difference between their dominant arm and the arm that is not dominant. Physical therapy is an option to accelerate the healing process and make to improve the condition of their affected hand.

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

The symptoms of this condition are paralysis or weakness to varying degrees, within the shoulder and arm. The good news is that most children born with erb's syndrome have full recovery, but their condition can be permanent.

The brachial-plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, enabling the movement, sensation and support for the shoulder, arm and hand. This nerve could be injured by pulling or stretching it.

Involvement in difficult delivery and the use of force during childbirth, Erb's Palsy lawsuits large baby size, breech presentation and a long second stage of labor are all common risk factors for this kind of injury.

An EMG can be used to diagnose Erb's Palsy. The test evaluates the function of muscles and nerves. The doctor can also request an MRI or CT to capture pictures of the insides of your body. They can determine if the erb's condition is an avulsion, a nerve or a neuropraxia. This is a type of neuropathy that manifests when the nerve is stretched rather than torn from the spine. Some cases of erb's spalsy require surgery that involves cutting and grafting healthy nerves.

How Can I Tell If My Child's Erb's Physical Disability Was the result of medical malpractice?

A child who suffers from Erb's syndrome should seek medical treatment. This treatment can be costly and may take months or even years to complete. Medical malpractice lawsuits can help families cover the cost of these services.

Erb's Palsy is caused when upper nerves in the brachialplexus are damaged during a difficult birth. In the majority of cases, this type of injury results from stretching or traction of the muscles of the shoulder during a difficult birth like one that involves a large baby or a mother who is petite.

To bring a medical malpractice lawsuit the plaintiff must establish that the healthcare professional did not meet the standards of care for his or her position and role in the circumstance. This is done by using expert testimony. Medical malpractice claims are based on the actions of healthcare providers, so it's important to hire a lawyer who has experience in these cases. This gives you the best chance to prove that medical negligence caused your child's Erb palsy.

How much do Erb's Palsy verdicts worth?

The extent of the Erb's-Palsy case for your child will determine how you'll receive compensation. It's important to consult an attorney for birth injuries immediately if you suspect medical negligence.

A successful Erb's Palsy lawsuit could award you substantial financial compensation to pay for current and future medical costs for your child. This includes surgery, therapy, assistive devices, and more.

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

Most Erb's palsy lawsuits settle out of court, which means the defendant pays you an amount that will settle your case without going to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and hiring experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records and reports from experts. Your lawyer will then argue your case to a judge and jury.

What can an Erb's Palsy lawyer help me?

Many parents seek out a lawyer after a child is injured birth injury. These injuries could be through medical malpractice by doctors or other hospital personnel. A qualified Erb's palsy attorney will help you understand the possibility that your child's injuries were caused by malpractice and help you navigate the legal process.

If your child's shoulder dystocia occurred caused by a doctor or hospital's negligence, they could be liable for the damages your child sustained. These damages could include the cost of medical bills and lost wages as well as discomfort and pain.

An experienced Erb's Palsy lawyer will determine if the injury suffered by your child resulted from medical malpractice. Then, you can build a strong case on your behalf to hold the person responsible accountable for their actions.

The conditions that cause shoulder dystocia are usually pre-planned and avoidable. If medical professionals fail take the proper precautions, they could be held liable for the injuries that result. A successful case could result in a substantial amount and a lifetime of medical treatment. A lawyer who has experience in Erb's Palsy will ensure that you get the compensation you deserve.