Filing an Erb's Palsy Lawsuit

A lawsuit could offer families an amount of money to pay for the treatment of their child. It can also help hold medical professionals responsible for brachial plexus injuries that could have been prevented.

This case involves a small girl who was diagnosed with Erb's Palsy as a result of complications that occurred during her birth. She was born breech, and also suffered from shoulder dystocia. This is when the shoulders of a child get stuck during the delivery. Her injury was the result of medical negligence.

What is the reason for Erb's Palsy?

The brachialplexus is a nerve network in the shoulder and neck that transmits signals to muscles in the fingers, hands, and arms. If this nerve system is damaged, an infant is susceptible to developing Erb's Palsy.

This condition is more common when there are difficult births, lengthy labours, and breech-births. In a difficult birth doctors may have to force the baby through the vaginal tube. This could stretch the neck or head of the baby. This could cause an injury from traction where the nerves are stretched. If the force is too strong, it can cause a rupture where the nerves are torn from their spinal cord (an Avulsion).

The majority of babies suffering from Erb's Palsy will fully recover and not suffer any lasting damage. However, this condition can cause weakening, limited ranges of motion, and noticeable difference between the dominant and non-dominant hands. Treatment can include physical therapy to accelerate the healing process naturally and to help them achieve more movement and feel in their affected hand earlier.

How Do I Know if My Child Has Erb's Palsy?

The symptoms of erb's paralysis are weakness or paralysis--to varying levels--of the arm and shoulder. The good news is that the majority of children suffering from erb's syndrome recover completely, even though the condition is usually permanent.

The brachial system of nerves connects the neck (clavicle) and the torso to the spinal cord, enabling movement, feeling and support of the shoulder, arm and hand. Pulling or stretching the nerve can cause injury and can result in erb's paralysis.

The difficulty of delivery and the use of force during childbirth, the large baby size, breech appearance, and long second stage of labor are all common risk factors for this kind of injury.

A doctor can identify erb's palsy by conducting an EMG which determines how well nerves and muscles work. The doctor may also request an MRI or CT to take photos of the insides of your body. They can determine if the erb's are an avulsion or aneurism or the neuropraxia, a type of neuropathy that manifests when the nerve is stretched, instead of being pulled away from the spine. Certain patients with erb's palsy require surgery, which involves splicing healthy nerves and grafting them.

How Do I Know If My Child's Erb's Symptoms Was Caused by Medical Malpractice?

A child suffering from Erb's Palsy must seek medical attention. That treatment can be expensive and can be a long time coming. Medical malpractice lawsuits can help families pay for the cost of this treatment.

Erb's spalsy occurs by upper nerves in the brachialplexus are injured during a difficult delivery. This type of injury is typically caused by stretching or traction of the shoulder's nerves during a difficult birth, like when a big baby or a small woman is involved.

In order to be able to file a medical malpractice claim the plaintiff must establish that the healthcare professional failed to meet the standards of care for his or her job and position in the circumstance. This is accomplished through expert testimony. Medical malpractice claims are based on the actions of healthcare professionals. Therefore, it is crucial to choose an attorney who is experienced in these cases. This gives you the best opportunity to prove that medical negligence caused your child's Erb palsy.

What's the value of Erb's Palsy verdicts worth?

The severity of your child's Erb's syndrome case will determine how much compensation you'll receive. This is why it's important to seek out a skilled birth injury attorney immediately if you suspect medical negligence.

A successful lawsuit for Erb's palsy could award you substantial 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 will heal itself over time, however other children may require surgery to repair tears or avulsions of the brachial nerves. If this is the case you may be entitled to more severe damages.

Most Erb's palsy lawsuits settle without a trial that is, the defendant pays you an amount set to settle your dispute without going to trial. If you're not able to reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and hiring experts in cases involving Erb's palsy to prove your claim of medical malpractice. This includes medical records and testimony from expert witnesses. Then, your lawyer will present your case front of the jury and a judge.

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

Many parents consult a lawyer after a child is injured birth injury. These injuries can be the result of medical malpractice by doctors or other hospital personnel. A qualified Erb's Palsy lawyer can help you determine whether the injury to your child was caused by medical negligence and guide you through legal proceedings.

If your child's shoulder dystocia occurred caused by a doctor or hospital's negligence and/or negligence, they could be held accountable for your child's damages. These damages can include the cost of medical bills, lost wages and pain and discomfort.

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

The conditions that cause shoulder dystocia are typically easily preventable and foreseeable. When medical professionals fail to follow the proper precautions, they may be held accountable for injuries that result. A successful claim can lead to a substantial award and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation that you deserve.