Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with an amount of money to pay for the treatment of their child. It also helps hold medical professionals accountable for injuries to the brachial plexus that could be prevented.

This case concerns a young girl who was diagnosed with Erb's palsy as a result of complications that occurred during her birth. She had a breech birth and shoulder dystocia (when the shoulders of a child become stuck during delivery). Her injury was caused by medical negligence.

What is the reason for Erb's Palsy?

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

This is more prevalent in difficult deliveries, long labors, and breech-births. In a difficult birth doctors may 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 can result in a traction accident where the nerves get stretched. If the force is too great it could cause an injury where the nerves are cut off from their spinal cord.

The majority of children with Erb's Palsy recover completely and suffer no permanent damage, but this condition can cause an inability to move, a restricted range of motion, and a noticeable difference between their dominant and their non-dominant arm. Treatment may include physical therapy to accelerate the natural healing process and help them attain more movement and feel in their affected hand quicker.

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

The symptoms of erb's palsy are weakness or paralysis varying degrees--of the shoulder and arm. The good news is most children who suffer from erb's palsy recover completely, even though the condition is typically permanent.

The brachial nerve connects the neck (clavicle), and torso with the spinal cord. This allows movement, Erb's Palsy lawsuit sensation, and support of the hand, arm, and shoulder. This nerve can be injured by stretching or pulling it.

This kind of injury is usually caused by a difficult delivery or force, a large baby or breech presentation, as well as the length of the second stage labour.

An EMG can be used to determine if you suffer from Erb's Palsy. The test is a way to determine the activity of muscles as well as 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 a neuroma, an avulsion or a neuropraxia. This is an autoimmune condition that occurs when the nerve is stretched rather than torn from the spine. Certain cases of erb's paralysis require surgery, which involves splicing and grafting healthy nerves.

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

A child suffering from Erb's Palsy must seek medical attention. This treatment can be expensive and can last for a number of months or even years. Medical malpractice lawsuits may help families pay the costs of medical treatment.

Erb's syndrome is caused by injury to the upper nerves of the brachial system during a difficult or prolonged delivery. This type of injury is typically caused by traction or stretching the shoulder's nerves during a difficult delivery, like when a large baby or petite woman is involved.

In order to be able to file a medical malpractice claim the plaintiff must demonstrate that the healthcare professional did not meet the standard of care for the position and the role they played in the incident. Expert testimony can be used to prove this. Medical malpractice claims are based on actions of healthcare professionals, so it is crucial to find an attorney who is experienced in these types of cases. This gives you the best chance to prove that negligence in the medical field caused your child's Erb palsy.

How much are Erb's Palsy verdicts worth?

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

A successful Erb's palsy lawsuit could win you significant financial compensation that will cover current and future medical expenses for your child. This includes therapies, surgeries aidive devices, surgeries and more.

Some children's Erb palsy heals by itself over time, however other children may need surgery to repair tears or avulsions of the brachial nerves. If this is the situation you may be entitled to even greater damages.

Most Erb's palsy lawsuits settle out of court that is, the defendant pays you an amount that will settle 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 the Erb's Palsy cases to back up your claims of medical malpractice. This includes medical records, testimony from witnesses, and expert witness reports. Your lawyer will then argue your case to the jury and a judge.

How Can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal counsel after their child suffers birth injuries. These injuries could be the result of medical malpractice by doctors or other hospital staff. A qualified attorney for Erb's palsy can help you determine the possibility that your child's injuries were caused by malpractice and help you navigate the legal procedure.

If the shoulder dystocia that you experience in your child was due to the negligence of a hospital or doctor, they could be responsible for the damage your child sustained. These damages can include compensation for the medical bills of your child, lost wages, and pain and suffering.

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

The conditions that cause shoulder dystocia are usually foreseeable and preventable. If medical professionals fail follow the proper precautions, they could be held accountable for the injuries that result. A successful claim can result in a substantial settlement and lifetime medical care. A lawyer who has experience in the field of Erb's palsy will make sure that you get the compensation you are entitled to.