Filing an Erb’s Palsy Lawsuit

A lawsuit could offer families financial compensation to pay for the treatment of their child. It is also a way to ensure that medical professionals are held accountable for injuries to the brachial-plexus that could have been avoided.

This case involves a child who developed Erb’s palsy due to complications in her birth. She was born breech and shoulder dystocia (when the child’s shoulders get stuck during birth). Her injury was due to medical negligence.

What Causes Erb’s Palsy?

The brachialplexus nerve system is located in the shoulder and neck which transmits signals to muscles in the hands, fingers and arms. Erb’s Palsy is a condition that can occur when this system of nerves becomes damaged.

This is a common occurrence when there are difficult births, long labors, and the births that are breech. In a difficult delivery doctors may have to force the baby out of the vaginal canal and this can stretch the baby’s neck or head. This can result in an accident of traction where nerves are stretched. If the force is too strong, it may cause a rupture, where the nerves are torn from their spinal cord (an Avulsion).

The majority of children with Erb’s Palsy recover fully and have no permanent harm, but this condition can cause an inability to move, a restricted range of motion, and a noticeable difference between their dominant and non-dominant arm. Physical therapy is an option to accelerate the healing process and help the patient feel better in their hand that is affected.

How Do I Know If My Child is Having Erb’s Palsy?

The symptoms of Erb’s Palsy include weakness or paralysis, in varying degrees, of the shoulder and arm. The good news is most children who have erb’s syphilis recover fully, even though the condition is typically permanent.

The brachial nervous system connects the neck, (clavicle) and torso to the spinal cord. This allows for movement, sensation, and support for the hand, arm, and shoulder. This nerve is susceptible to injury by stretching or pulling it.

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

A doctor can diagnose erb’s systole by performing an EMG that measures the extent to which nerves and muscles work. The doctor can also request an MRI, CT, or other imaging tests to take pictures of the inside of the body. They can determine the kind of erb’s syndrome like neuroma, the avulsion or neuropraxia (neuropathy that develops when the nerve is stretched instead of tearing away from the spine). Certain patients with erb’s palsy require surgery, which entails splicing healthy nerves and grafting them.

How Do I Determine If My Child’s Erb’s Physical Disability Was Caused by Medical Malpractice?

A child who suffers from Erb’s ‘Palsy’ needs medical care. The treatment can be costly, and it may be a long time coming. Medical malpractice lawsuits may aid families in paying for the cost of care.

Erb’s palsy is caused due to injuries to the upper nerves of the brachial nerve plexus during a difficult or prolonged delivery. In the majority of cases this kind of injury results from traction or stretching of the nerves in the shoulder area during an uneasy birth like one which involves a large infant or a small mother.

To file a medical negligence case, the plaintiff has to establish that the healthcare provider failed to meet the standard of care appropriate to the job and position in the context. Expert evidence can be used to show this. Medical malpractice claims are based upon the actions of healthcare professionals, therefore it is essential to employ an attorney who is experienced in these cases. This will give you the most effective chance of proving the Erb’s palsy of your child was caused by medical negligence.

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

The extent of the Erb’s-Palsy case for your child will determine much you receive in compensation. This is why it’s essential to seek out a skilled birth injury attorney immediately if you suspect medical negligence.

If you are successful in your Erb’s palsy lawsuit, you could receive significant financial compensation for current and future medical expenses for your child. This includes surgeries, therapy, assistive devices and more.

Some children’s Erb palsy heals itself over time, however others may require surgery to repair avulsions or tears of the brachial nerves. If this is the case you may be entitled to even more serious damages.

Most Erb’s palsy lawsuits are settled out of court that is, the defendant pays you an amount set to settle your case without going to trial. However, if you are unable to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and hiring experts in cases involving Erb’s palsy to prove your claims of medical malpractice. This includes medical records as well as reports from experts. Then, your lawyer will present your case before a judge and jury.

How can an Erb’s Palsy lawyer help me?

Many parents seek legal counsel when their child suffers a birth injury. These injuries can occur by medical negligence doctors or other hospital personnel. A qualified Erb’s palsy attorney will help you understand whether your child’s injury was due to malpractice and help you navigate the legal process.

If your child’s shoulder dystocia occurred due to a doctor or hospital’s negligence and/or negligence, they could be held accountable for the damages your child sustained. These damages could include the cost of the medical bills of your child along with lost wages, pain and suffering.

A good Erb’s palsy attorney will determine if the injury suffered by your child was caused by medical negligence and then create a solid case on your behalf to hold the person responsible accountable for their actions.

Conditions that can cause shoulder dystocia are usually predictable and preventable. When medical professionals fail to take the proper precautions, they may be held responsible for the injuries that result. A successful case could result in a substantial settlement as well as a lifetime of medical care. An experienced lawyer at Erb’s Palsy will ensure that you receive the compensation you are entitled to.