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Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families with financial compensation that will aid in paying for their child's medical treatment. It can also help to hold medical professionals responsible for injuries to the brachial plexus that could be prevented.

This case involves a child who developed Erb's palsy due to complications during her delivery. She was born breech and shoulder dystocia (when the baby's shoulders become stuck during the delivery). Her injury was caused by medical negligence.

What Causes Erb's Palsy?

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

This type of condition is more frequent when there are difficult births, lengthy labours, and breech births. In difficult births doctors may have to use force to push the baby through the vaginal tube. This may stretch the neck or head of the baby. This can result in an accident that causes traction, where nerves are stretched. If the force is excessively strong, it could cause a rupture where nerves are ripped from their spinal cord (an avulsion).

Most children suffering from Erb's Palsy recover fully and have no permanent harm, but this condition can leave them with weakness, limited range of motion and a noticeable distinction between their dominant and the non-dominant hand. Treatment can 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 is Having Erb's Palsy?

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

The brachial-plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, allowing motion, feeling, and Erb's palsy support for the shoulder, arm and hand. Stretching or pulling on this nerve causes injury, resulting in erb's palsy.

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

A doctor can diagnose erb's palsy by conducting an EMG that measures how well nerves and muscles function. The doctor can also order an MRI or CT to capture pictures of the insides of the body. They can determine if the erb's problem is an avulsion or aneurism or neuropraxia, which is a type of neuropathy that manifests when the nerve is stretched rather than torn from the spine. Some erb's palsy cases require surgery, which involves cutting and grafting healthy nerves.

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

A child with erb's palsy law firms Palsy must seek medical treatment. The treatment may be costly and can last for months or even years. Medical malpractice lawsuits may help families pay for the cost of treatment.

Erb's palsy is caused due to injuries to the upper nerves of the brachial plexus after an extended or difficult delivery. Most of the time, this type of injury is caused by traction or stretching of the nerves in the shoulder area during difficult births, such as one which involves a big infant or a smaller mother.

To be able to file a medical malpractice claim the plaintiff must demonstrate that the healthcare professional failed to meet the standard of care for the job and position in the circumstance. This is done through expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, which is why it is important to hire an attorney with experience in these types of cases. This will give you the best chance to prove that your child's Erb's palsy was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The extent of your child's Erb's palsy case will determine how much you'll receive in compensation. This is why it's essential to seek out a skilled birth injury lawyer as soon as you suspect medical negligence.

A successful Erb's palsy lawsuit could earn you significant financial compensation that will cover current and future medical expenses for your child. This includes therapy, surgeries and assistive devices, among others.

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

Most Erb's palsy lawsuits settle out of court and the defendant will pay a certain amount to settle your dispute without having to go to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and bringing in experts in Erb's palsy cases to back up your claims of medical malpractice. This includes medical records as well as reports from experts. Your lawyer will then present your case to a judge and jury.

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

Many parents seek out a lawyer after a child suffers a birth injury. These injuries could be caused by medical negligence by doctors and other hospital staff. A qualified Erb's palsy attorney will assist you in understanding the extent of your child's injury caused by malpractice and can help you navigate the legal procedure.

If your child's shoulder dystocia occurred due to a medical professional or hospital's negligence and/or negligence, they could be held accountable for the injuries suffered by your child. These damages may include compensation for the medical bills of your child along with lost wages, pain and suffering.

A good Erb's palsy attorney will determine if your child's injuries resulted from medical malpractice, and then construct an effective case on your behalf to hold the accountable party accountable for their actions.

The conditions that cause shoulder dystocia are usually pre-planned and avoidable. If medical experts fail to take the appropriate precautions, then they can be held accountable for any injuries that occur as a result. A successful claim can result in a significant award and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you are entitled to.