Filing an
Erb's Palsy LawsuitA lawsuit could offer families an amount of money to pay for the treatment of their child. It can also be used to hold medical professionals accountable for injuries to the brachial plexus which could have been avoided.
This case involves a child who developed Erb's syndrome due to complications during her delivery. She had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during delivery). Her injury was caused by medical negligence.
What is the Cause of Erb's Palsy?
The brachialplexus, a nerve system in the shoulder and neck that transmits signals to muscles in the hands, fingers, and arms. Erb's Palsy can develop when this nerve system becomes damaged.
This type of condition is more frequent in difficult deliveries, prolonged labors, and breech-births. In the event of a difficult delivery doctors may need to exert force to get the baby out of the vaginal canal and this can stretch the baby's neck or head. This can result in injuries from traction, where nerves are stretched. If the force is too strong, it could cause a rupture, where the nerves are torn from their spinal cord (an avulsion).
Most children suffering from Erb's Palsy recover completely and suffer no permanent damage, but this condition can leave them with weakening, a limited range of motion and a noticeable difference between their dominant and their non-dominant arm. Treatment options include physical therapy to speed up the healing process naturally and to aid in getting better range of motion and feeling in their affected hand sooner.
How can I tell If My Child Is Having Erb's Palsy?
The symptoms of Erb's 'Palsy' are paralysis or weakness to varying degrees, in the shoulder and arm. The good news is most children with erb’s palsy recover completely, even though the condition is typically permanent.
The brachial system of nerves connects the neck (clavicle) and torso to the spinal cord, enabling mobility, feeling and support of the shoulder, arm, and hand. Pulling or stretching this nerve can cause injury to the nerve and causes erb's Palsy.
The difficulty of delivery and the use of force during childbirth, large baby size, breech presentation, and a 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 functioning of muscles and nerves. The doctor may also recommend an MRI or CT to capture images of the insides of your body. They can determine if the
erb's palsy attorney is an avulsion or aneurism or a neuropraxia. This is a form of neuropathy that develops when a nerve is stretched instead of torn away from the spine. Certain patients suffering from erb's syndrome require surgery, which involves splicing healthy nerves and grafting them.
How Can I Tell If My Child's Erb's Symptoms Was Caused by Medical Malpractice?
A child suffering from Erb's palsy requires medical treatment. This treatment can be costly and can last for a number of months or even years. Medical malpractice lawsuits can assist families to pay for the cost of this care.
Erb's palsy occurs by upper nerves in the brachialplexus are injured during a difficult birth. Most often this kind of injury is caused by stretching or traction of nerves in the shoulder during an uneasy birth, such as one which involves a big infant or a mother who is petite.
To file a medical malpractice case, the plaintiff has to demonstrate that the healthcare professional didn't meet the standards of care that was appropriate to his or her role and position in the situation. This is done by using expert testimony. Medical malpractice claims are based on actions of healthcare professionals, therefore it is crucial to find an attorney with expertise in these cases. This will give you the most effective chance of proving your child's Erb's Palsy was caused by medical negligence.
What is the value of Erb's Palsy Case Verdicts Worth?
The extent of the Erb's-Palsy case for your child will determine how you'll be able to receive compensation. This is the reason it's so important to seek out a skilled birth injury attorney immediately if you suspect medical negligence.
A successful Erb's palsy lawsuit could result in significant financial compensation to cover the current and future medical costs for your child. This includes therapy, surgery as well as assistive devices and other things.
Some children's Erb palsy heals itself over time, however others may require surgery to repair tears or avulsions of the brachial nerves. If this is the case, you could be entitled to further significant damages.
Most
Erb's palsy lawsuits are settled without a trial that is, the defendant will pay you a certain amount to settle your dispute without going to trial. If you are unable to reach a settlement with the defendant, then your lawyer will prepare a trial by gathering evidence and bringing in medical malpractice experts to back your claims. This includes medical records and evidence from expert witnesses. Then, your lawyer will present your case in before a judge and jury.
How can an Erb's Palsy lawyer help me?
Many parents seek legal advice when their child suffers birth injuries. These injuries can be caused by medical negligence by doctors and other hospital personnel. A qualified Erb's palsy lawyer can help you determine if the injury suffered by your child was the result of medical negligence and guide you through legal procedures.
If the shoulder dystocia that you experience in your child was due to negligence by a hospital or doctor they could be responsible for the injuries your child sustained. This could include compensation for the medical bills for your child along with lost wages, pain and suffering.
A reputable Erb's palsy lawyer will determine if the injury to your child was due to medical negligence, and make a claim on your behalf in order to hold the accountable parties accountable for their actions.
Conditions that can cause shoulder dystocia are often predictable and avoidable. If medical professionals fail to take the proper precautions, then they can be held responsible for any injuries that may result from. A successful lawsuit could result in a substantial payout and a lifetime of medical treatment. An experienced lawyer in the field of Erb's Palsy will ensure that you receive the money you are entitled to.