Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families with an amount of money that could aid in paying for the treatment of their child. It can also be used to ensure that medical professionals are held accountable for injuries to the brachial-plexus that could have been avoided.

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

What is the cause of Erb's Palsy?

The brachial plexus is a system of nerves in the shoulder and neck that transmits signals to muscles in the hands, arms, and fingers. When this system of nerves is damaged, an infant can experience Erb's Palsy.

This type of condition is common during difficult delivery, prolonged labors and the births that are breech. In a difficult delivery doctors may need to force the baby out of the vaginal canal, and this may cause stretching of the baby's neck or head. This can lead to an accident involving traction in which the nerves get stretched. If the force is too great it can result in a rupture in which the nerves are pulled away from their spinal cord.

Most children with Erb's Palsy recover completely and suffer no permanent injuries, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant arm and the arm that is not dominant. Treatment may include physical therapy to speed up the healing process naturally and to help them achieve greater range of motion and feel in their affected hand faster.

How do I know if My Child Has Erb's Palsy?

The symptoms of erb's palsy are weakness or paralysis varying levels--of the arm and shoulder. The positive side is that the majority of children born with erb's palsy get full recovery, though their condition is often permanent.

The brachial plexus network of nerves connects the neck (clavicle) and the torso to spinal cord, allowing for the movement, sensation and support for the shoulder, arm, and hand. Pulling or stretching this nerve causes injury, resulting in erb's palsy.

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

A doctor can diagnose erb's palsy by conducting an EMG, which measures the extent to which nerves and muscles work. The doctor may also order an MRI, CT, or other imaging tests to take images of the interior of the body. They can identify the type of erb's palsy such as neuroma Avulsion, or Neuropraxia (neuropathy that develops when the nerve is stretched instead of tearing away from the spine). Some st francis erb's palsy attorney palsy cases require surgery that involves cutting and grafting healthy nerves.

How Do I Find Out If My Child's Erb's Palsy was the result of medical malpractice?

A child suffering from Erb's palsy needs to seek medical attention. This treatment can be expensive and last for many months or even years. Medical malpractice lawsuits can assist families in paying for the cost of these services.

Erb's palsy is caused by injury to the upper nerves of the brachial plexus during an extended or difficult delivery. In the majority of cases, this type of injury is caused by stretching or traction of muscles of the shoulder during a difficult birth, such as one which involves a big infant or a petite mother.

In order to file a medical negligence case, the plaintiff needs to show that the healthcare professional did not meet the standard of care that was appropriate to the job and position in the scenario. Expert evidence can be used to demonstrate this. Medical malpractice claims are based upon the actions of healthcare professionals, which is why it is important to hire an attorney with expertise in these kinds of cases. This will give you the best chance of proving that your child's Erb's palsy was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's palsy case will determine the amount of compensation you'll receive. This is why it's essential to seek out a skilled birth injury attorney 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 therapies, surgeries as well as assistive devices.

Some children's Erb's palsy heals on its own in time, however others may require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the situation you could be entitled even to more severe damages.

Most Erb's palsy lawsuits settle without a trial which means that the defendant will pay a set amount to resolve your claim without going to trial. If you're unable reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and bringing in experts in Erb's palsy cases to back up your claims of medical malpractice. This includes medical records, evidence from witnesses, and expert witness reports. Your lawyer will then argue your case before a judge and jury.

What can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal advice after their child is injured during birth. These injuries could be the result of medical malpractice by doctors or other hospital staff. A qualified Erb's palsy attorney can help you determine if your child's injury was due to malpractice and help you navigate the legal procedure.

If your child's shoulder dystocia occurred due to a doctor's or hospital's negligence the hospital or doctor could be responsible for your child's injuries. These damages can include the cost of medical bills, lost wages and discomfort and pain.

A good Erb's palsy attorney will determine if your child's injury resulted from medical negligence and then create an effective case on your behalf to hold the accountable party accountable for their actions.

The conditions that can cause shoulder dystocia are usually predictable and avoidable. If medical professionals fail to take the necessary precautions, then they can be held responsible for any injuries that may result from. A successful claim can result in a substantial amount and lifetime medical treatment. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you deserve.