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Filing an Erb's Palsy Lawsuit

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

This case involves a little girl who was diagnosed with Erb's palsy because of complications that occurred during her birth. She had a breech birth 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 which transmits signals to muscles in the fingers, hands, and arms. If this nerve system is damaged, a baby may develop erb's palsy law firm Palsy.

This is a common occurrence in difficult deliveries, long labors and the births that are breech. In difficult births, doctors may need to force the baby through the vaginal tube. This can stretch the neck or head of the baby. This can result in an accident of 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 children with Erb's Palsy recover fully and have no permanent injuries, but this condition can cause weakening, a limited range of motion and a noticeable distinction between their dominant and their non-dominant arm. Physical therapy can be utilized to speed up the healing process and make the patient feel better in their affected hand.

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

The symptoms of Erb's Palsy include weakness or paralysis, to various degrees, in the arm and shoulder. The good news is most children with erb’s palsy recover fully, even though their condition is generally permanent.

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

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

A doctor can diagnose erb's palsy by performing an EMG, which measures how well muscles and nerves work. The doctor may also order an MRI, CT, or other imaging tests to get images of the interior of the body. They can identify the type of erb's syndrome like neuroma, an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched rather than torn away from the spine). Some erb’s palsy patients require surgery, which involves splicing healthy nerves and grafting them.

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

A child with Erb's Palsy needs medical care. The treatment may be costly, and it may take months or even years to complete. Medical malpractice lawsuits can assist families in paying for the cost of this care.

Erb's Palsy happens when upper nerves in the brachialplexus get injured in a labor that is difficult. This type of injury is typically caused by stretching or traction of the shoulder's nerves in a difficult labor, like when a big baby or petite woman is involved.

To start a medical negligence case the plaintiff must demonstrate that the healthcare professional did not meet the standard of care for the position and situation. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, so it is crucial to find an attorney with expertise in these cases. This gives you the best opportunity to prove that negligence in the medical field caused your child's Erb palsy.

How much do Erb's Palsy verdicts worth?

The extent of your child's case will determine the amount of compensation you will receive. This is why it's essential to speak with a seasoned birth injury attorney immediately if you suspect medical negligence.

If you win the Erb's-Palsy lawsuit you could be awarded substantial financial compensation to cover current and future medical expenses for your child. This includes treatments, surgeries and assistive devices, among others.

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

The majority of lawsuits involving Erb's Palsy are settled without a trial, which means the defendant will pay a set amount to resolve your dispute without having to go to trial. If you're not able to reach a settlement with the defendant, then your lawyer will prepare a trial through gathering evidence and bringing in medical malpractice experts to prove your claims. This includes medical records and evidence from experts. Your lawyer will then present your case to the jury and a judge.

What can an Erb's Palsy lawyer assist me?

Many parents seek legal advice after their child is injured during birth. These injuries can occur because of medical malpractice committed by doctors or other hospital personnel. A qualified Erb's palsy attorney can assist you in determining if your child's injury was caused by malpractice and can guide you through the legal procedure.

If the shoulder dystocia in your child's shoulder was caused by negligence of a doctor or hospital they could be responsible for the damage your child sustained. These damages can include reimbursement for medical bills as well as lost wages, pain and discomfort.

A good Erb's palsy attorney will determine if the injury suffered by your child was the result of medical malpractice and then build an effective case on your behalf to hold the responsible party accountable for their actions.

Conditions that can cause shoulder dystocia are usually predictable and avoidable. If medical professionals fail follow the proper precautions, they may be held liable for the injuries that result. A successful lawsuit could result in a substantial payout and also a lifetime of medical care. A knowledgeable lawyer from Erb's Palsy will ensure that you receive all the compensation you're entitled to.