Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It can also help to hold medical professionals accountable for injuries to the brachial system that could be prevented.

This case involves a child who was diagnosed with Erb's Palsy due to complications during her birth. She was born breech and suffered from shoulder dystocia. This is when the shoulders of a baby become stuck during the delivery. Her injury was caused by medical negligence.

What Causes Erb’s Palsy?

The brachialplexus is a network of nerves in the neck and shoulder which sends signals to muscles in the hands, fingers and arms. If this nerve system is damaged, a baby can experience Erb's Palsy.

This condition is prevalent when there are difficult births, long labors and the births that are breech. In the event of a difficult delivery doctors may have to force the baby out of the vaginal canal, and this may cause stretching of the baby's neck or head. This could result in an accident that causes traction, where nerves get stretched. If the force is too strong it could cause ruptures in which nerves are torn away from their spinal cord.

The majority of children with Erb's Palsy recover completely and have no permanent damage, but this condition can cause weakness, limited range of motion and a distinct difference between their dominant and non-dominant arm. Treatment options include physical therapy to accelerate the natural healing process and help them attain better movement and sensation in their affected hand quicker.

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

The symptoms of Erb's palsy are paralysis or weakness to varying degrees, within the shoulder and arm. The positive side is that the majority of children born with the condition get full recovery, though the condition is typically permanent.

The brachial plexus network of nerves connects the neck (clavicle) and the torso to spinal cord, which allows the movement, sensation and support of the shoulder, arm, and hand. Stretching or pulling on this nerve can cause injury to the nerve and causes erb's Palsy.

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

A doctor can diagnose erb's palsy by conducting an EMG, which measures how well nerves and muscles work. The doctor could also suggest an MRI, Erb's palsy lawsuits CT, or other imaging tests to take images of the interior of the body. They can identify the type of erb's spalsy such as neuroma avulsion, or neuropraxia (neuropathy that develops when the nerve is stretched instead of torn away from the spine). Certain patients with erb's palsy require surgery, which entails cutting healthy nerves and then grafting them.

How Do I Find Out If My Child's Erb's Palsy Was the result of medical malpractice?

A child who is suffering from Erb's palsy needs to seek medical treatment. The treatment can be costly, and it may take months or even years to complete. Medical malpractice lawsuits may help families pay for the cost of treatment.

Erb's Palsy is caused when the upper nerves of the brachialplexus are damaged during a difficult birth. This kind of injury is typically caused by traction or stretching the shoulder's nerves in a difficult labor, like when a large baby or a small woman is involved.

To file a medical negligence claim, the plaintiff needs to show that the healthcare professional failed to meet the standard of care appropriate to the job and position in the situation. This is done through expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, which is why it is crucial to find an attorney with experience in these kinds of cases. This gives you the best opportunity to prove that negligence in the medical field caused your child's Erb palsy.

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

The severity of your child's Erb's palsy case will determine how much compensation you receive. It's crucial to speak with a birth injury lawyer as soon as you can if you suspect medical negligence.

A successful lawsuit for Erb's palsy could result in significant financial compensation to cover the current and future medical costs for your child. This includes surgeries, therapy as well as assistive devices.

Some children's Erb palsy can heal on its own 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 more substantial damages.

Most Erb's palsy lawsuits are settled out of court, which means the defendant will pay an amount set to settle your dispute without having to go to trial. But if you're unable to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and hiring experts in the Erb's Palsy cases to back up your claims of medical malpractice. This includes medical records, evidence from witnesses and expert witness reports. Your lawyer will then present your case to the jury and a judge.

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

Many parents contact a lawyer when their child suffers a birth injury. These injuries can occur by medical negligence doctors or other hospital staff. A qualified Erb's-Palsy attorney will assist you in understanding whether your child's injury was caused by negligence and will assist you in the legal process.

If your child's shoulder dystocia was due to a doctor or hospital's negligence and/or negligence, they could be held accountable for the injuries suffered by your child. These damages can include the cost of your child's medical bills, lost wages, and pain and suffering.

An experienced Erb's Palsy lawyer will determine if the injury suffered by your child was the result of medical malpractice. Then, you can build a solid case on your behalf to hold the accountable party accountable for their actions.

The conditions that cause shoulder dystocia are usually foreseeable and preventable. If medical professionals fail take the necessary precautions, they could be held liable for the injuries that result. A successful lawsuit could result in a substantial payout as well as lifetime medical treatment. An experienced lawyer for Erb's palsy will ensure that you receive all the compensation that you deserve.