Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families with financial compensation that will assist in paying for their child's medical treatment. It is also a way to hold medical professionals accountable for injuries to the brachial plexus that could have been avoided.

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

What Causes Erb's Palsy?

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

This is more prevalent during difficult births, long labors, and breech-births. In a difficult birth doctors may have to force the baby through the vaginal tube. This may stretch the neck or head of the infant. This could result in an injury from traction where the nerves are stretched. If the force is too great it can lead to ruptures in which nerves are pulled away from their spinal cord.

The majority of children with Erb's Palsy recover completely and suffer no permanent harm, but this condition can cause limitations in range of motion, and a noticeable difference between their dominant arm and the non-dominant hand. Treatment options include physical therapy to accelerate the natural healing process and to assist them in achieving better movement and sensation in their affected hand sooner.

How can I tell if My Child Has Erb’s Palsy?

The symptoms of Erb's Palsy include weakness or paralysis, to varying degrees, within the shoulder and arm. The good news is that many children who suffer from erb's palsy recover completely despite the fact that their condition is generally permanent.

The brachial nerve connects the neck (clavicle), and torso, with the spinal cord. This allows movement as well as sensation and support for the hand, arm, and shoulder. Stretching or pulling on this nerve can cause damage, resulting in erb's palsy.

A difficult delivery and the use of force during childbirth, large baby size, breech presentation and long second stage of labor are common risk factors for this kind of injury.

An EMG can be used to diagnose Erb's Palsy. This test measures the function of muscles and nerves. The doctor might also recommend an MRI, CT, or other imaging tests to get pictures of the inside of the body. They can determine the type of erb's palsy such as neuroma avulsion, or neuropraxia (neuropathy that develops when the nerve is stretched instead of being torn away from the spine). Some erb’s palsy patients require surgery, which requires the grafting of healthy nerves and splicing them.

How Do I Determine What to Do If My Child's Erb's Syndrome Was Caused by Medical Malpractice?

A child with Erb's Palsy must seek medical treatment. The treatment can be costly and can be a long time coming. Medical malpractice lawsuits can help families cover the cost of these services.

Erb's Palsy is caused by damage to the upper nerves of the brachial system during an extended or difficult delivery. This kind of injury is usually caused by traction or stretching the nerves of the shoulder in a difficult labor, for example, when a large baby or a small woman is involved.

To be able to file a medical malpractice claim the plaintiff must demonstrate that the healthcare professional failed to adhere to the standard of care for the position and role in the situation. This is accomplished by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals. Therefore, it is important to hire an attorney who is experienced in these kinds of cases. This gives you the best chance to prove that medical negligence caused your child's Erb palsy.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of the Erb's -Plasy case for your child will determine you will be compensated. It is essential to talk to an attorney for birth injuries whenever you suspect medical malpractice.

If you are successful in your Erb's palsy lawsuit you could be awarded substantial financial compensation to cover current and future medical expenses for your child. This includes physiotherapy, surgery, assistive devices, and more.

Some children's Erb palsy can heal on its own over time, however other children may require surgery to repair tears or avulsions of the brachial nerves. If this is the situation you may be entitled to even more serious damages.

Most Erb's palsy lawsuits are settled without a trial, which means the defendant pays you a set amount to resolve your dispute without going to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and hiring experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records, testimony from witnesses, and expert witness reports. Your lawyer will then present your case before a judge and jury.

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

Many parents seek legal advice after their child has suffered birth injuries. These injuries can be caused by medical negligence by doctors or other hospital staff. An experienced Erb's Palsy attorney can help you determine the possibility that your child's injuries were caused by malpractice and assist you in the legal procedure.

If your child's shoulder dystocia was due to a doctor's or hospital's negligence and/or negligence, they could be held accountable for your child's damages. These damages could include compensation for your child's medical expenses, lost wages, and pain and suffering.

A reputable Erb's-Palsy lawyer will determine if the injury to your child was caused by medical malpractice, and build a case on your behalf in order to hold the responsible parties accountable for their actions.

The conditions that cause shoulder dystocia are typically predictable and preventable. When medical professionals fail to make the appropriate precautions, they may be held liable for the injuries that result. A successful claim can result in a substantial settlement and a lifetime of medical treatment. A lawyer with experience in the field of erb's palsy law firm palsy will make sure that you get the compensation you deserve.