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Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It is also a way to hold medical professionals accountable for brachial-plexus injuries that could have been prevented.

This case involves a girl 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 caused by medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus is a nerve network in the neck and shoulder which sends signals to muscles in the hands, fingers and arms. When this nerve system is damaged, an infant may develop Erb's Palsy.

This is a common occurrence when there are difficult births, long labors, and breech births. In an uneasy delivery, erb's palsy 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 a traction accident where the 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 babies with Erb's Palsy recover fully and have no permanent damage, however this condition can cause weakness, 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 them feel better in their hand that is affected.

How Do I Tell If My Child is Having Erb's Palsy?

The symptoms of erb's palsy are weakness or paralysis varying degrees--of the shoulder and arm. The good news is that most children born with erb's palsy are fully recovered, even though their condition can be permanent.

The brachial nerve system connects the neck (clavicle) and torso to the spinal cord. This allows movement, sensation, and support of the arm, hand, and shoulder. The pulling or stretching of the nerve can cause injury, resulting in erb's palsy.

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

A doctor can diagnose erb's palsy by performing an EMG which is a test to determine the extent to which nerves and muscles work. The doctor may also recommend an MRI or CT to take photos of the insides of the body. They can determine if the erb's is a neuroma, an avulsion or neuropraxia, which is a neuropathy that occurs when nerves are stretched rather than torn from the spine. Some erb's palsy cases require surgery that involves splicing and grafting healthy nerves.

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

A child with Erb's Palsy needs medical treatment. The treatment may be costly and can last for a number of months or even years. Medical malpractice lawsuits can help families pay for the cost of medical treatment.

Erb's Palsy is caused by the fact that the upper nerves of brachialplexus are damaged in a labor that is difficult. In most cases this kind of injury is caused by stretching or traction of nerves in the shoulder area during the birth process, such as one which involves a large infant or a small mother.

In order to file a medical negligence case, the plaintiff needs to show that the healthcare professional did not meet the standard of care appropriate to the position and position in the context. Expert testimony can be used to show this. Medical malpractice claims are based on actions of healthcare professionals, therefore it is crucial to find an attorney who is experienced in these kinds of cases. This will give you the best chance of proving that 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 your child's Erb's palsy case will determine the amount of compensation you receive. This is why it's important to seek out a skilled birth injury attorney as soon as you suspect medical negligence.

A successful Erb's palsy lawsuit could win you significant financial compensation to cover current and future medical expenses for your child. This includes surgery, therapy, assistive devices, and other things.

Some children's Erb's palsy is able to heal itself on its own over time, while others require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the case, you may be entitled to even more severe damages.

Most Erb's palsy lawsuits are settled out of court, which means the defendant will pay a certain amount to settle your dispute without going to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's palsy cases to prove your claims of medical malpractice. This includes medical records and reports from expert witnesses. Your lawyer will then present your case to the jury and a judge.

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

Many parents seek legal counsel after their child is injured during birth. These injuries can result from medical malpractice by doctors and other hospital personnel. A qualified Erb's palsy attorney will help you understand whether your child's injury was caused by malpractice and assist you in the legal procedure.

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

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

Conditions that may cause shoulder dystocia are usually predictable and preventable. If medical professionals fail make the appropriate precautions, they may be held accountable for the injuries that result. A successful case could result in a substantial payout and lifetime medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation that you deserve.