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Filing an Erb's Palsy Lawsuit

In the event of a lawsuit, it can award families with financial compensation that can help 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 which could have been prevented.

This case involves a girl who was diagnosed with Erb's palsy due to complications during her birth. The birth was breech and shoulder dystocia (when the baby's shoulders become stuck during the delivery). Her injury was caused by medical negligence.

What is the cause of Erb's Palsy?

The brachial plexus is a network of nerves in the shoulder and neck that transmits signals to muscles in the hands, arms and fingers. When this system of nerves is damaged, an infant can develop Erb's Palsy.

This condition is prevalent during difficult delivery, prolonged labors and Breech births. In a difficult birth, doctors may need to force the baby through the vaginal tube. This can stretch the neck or head of the baby. This could cause a traction injury where the nerves are stretched. If the force is too strong, it may cause a rupture, where nerves are separated from their spinal cord (an Avulsion).

Most children with Erb's Palsy recover fully and have no permanent damage, but this condition can cause an inability to move, a restricted range of motion, and a noticeable difference between their dominant and the non-dominant hand. Treatment options include physical therapy to accelerate the natural healing process and to help them achieve better range of motion and feeling in their affected hand sooner.

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

The symptoms of this condition include paralysis or weakness to various degrees, in the arm and shoulder. The good news is that the majority of children with erb's syndrome are fully recovered, even though their condition can be permanent.

The brachial nerve network connects the neck, (clavicle) and torso to the spinal cord. This allows for movement, sensation, and support for the arm, hand, and shoulder. The pulling or stretching of this nerve causes injury and can result in erb's paralysis.

A difficult delivery and the use of force during childbirth, large baby size, breech presentation and a prolonged second stage of labor are common risk factors for this kind of injury.

An EMG can be used to diagnose Erb's palsy. The test evaluates the performance of muscles and nerves. The doctor can also order an MRI or CT to capture images of the insides of the body. They can determine if the erb's is an avulsion, a neuroma or a neuropraxia. This is a form of neuropathy that develops when a nerve is stretched instead of torn away from the spine. Certain patients with erb's palsy require surgery, which includes connecting healthy nerves, and then grafting them.

How Do I Determine If My Child's Erb's Palsy Was Caused by Medical Malpractice?

A child with Erb's Palsy must seek medical attention. The treatment can be expensive and last for many months or even years. Medical malpractice lawsuits can aid families in paying for the cost of medical treatment.

Erb's palsy is caused by injury to the upper nerves of the brachial system during the process of delivering a long or difficult. This kind of injury is typically caused by stretching or traction of the nerves of the shoulder during a difficult delivery, such as when a large baby or petite woman is involved.

In order to file a medical negligence case, the plaintiff has to show that the healthcare professional failed to meet the standard of care that was appropriate to the job and position within the scenario. Expert testimony can be used to prove this. Medical malpractice claims are based upon the actions of healthcare providers, Erb's Palsy attorney so it's important to choose a lawyer who has experience in these cases. This gives you the best opportunity to prove that negligence in the medical field caused your child's Erb palsy.

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

The extent of your child's Erb's palsy case will determine the amount of compensation you receive. This is the reason it's so important to speak with a seasoned birth injury lawyer as soon as you suspect medical negligence.

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

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 more serious damages.

Most of the cases involving Erb's palsy are settled out of court, which means the defendant pays you a certain amount to settle your claim without going to trial. If you're unable reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and hiring experts in the Erb's Palsy cases to prove your claim of medical malpractice. This includes medical records as well as reports from experts. Your lawyer will present your case in before a judge and jury.

What can an Erb's Palsy lawyer assist me?

Many parents seek out a lawyer after a child suffers a birth injury. These injuries can result from medical malpractice by doctors and other hospital staff. A qualified erb's palsy attorney (understanding) will help you understand if your child's injury was caused by malpractice and can help you navigate the legal process.

If your child's shoulder dystocia occurred due to a doctor or hospital's negligence or carelessness, they could be accountable for the damages your child sustained. These damages can include compensation for the medical bills for your child along with lost wages, pain and suffering.

A good Erb's palsy attorney will determine if the injury suffered by your child resulted from medical malpractice. Then, you can build an effective case on your behalf to hold the person responsible accountable for their actions.

The conditions that cause shoulder dystocia are usually predictable and preventable. When medical professionals fail to take the proper precautions, they could be held accountable for injuries that result. A successful claim could result in a substantial settlement as well as lifetime medical treatment. A lawyer who is experienced in Erb's Palsy will ensure that you receive the amount you deserve.