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Erb's Palsy Lawyers

An experienced lawyer can simplify the legal process. Erb's palsy lawyers are in a position to assist clients with financial compensation for any future medical requirements.

Parents must be able to enjoy peace of mind knowing that their children will be taken care for, even if they suffer from a life-changing injury. This can be a challenge to achieve when medical malpractice is involved.

Prevention of Birth Injuries

Many birth injuries are preventable. While some of them are caused by factors outside the control of doctors, such as the location and size of the pelvis or the birth canal, some are not. Doctors must accurately estimate the weight and size of a fetus. They may recommend a C-section if they feel that the baby is too large to be delivered vaginally. This protects the fetus as well as the mother and often will avoid the need for medically necessary interventions.

If a doctor does not adhere to this obligation this can lead to injuries such as Erb's palsy or brachial-plexus injuries. These injuries occur when the nerves in the arm or shoulder are damaged in the course of delivery. They often result in the inability to move or weakness in that body part for the remainder of the life of the child. Treatments for these ailments can be extremely expensive.

Families suffering from these injuries need financial compensation to pay for the expenses. An erb's palsy attorney can fight to ensure that a family receives the maximum amount of compensation possible, which can alleviate their financial burden as well as aid in obtaining an appropriate treatment for their child. A good erb's palsy lawyer will be upfront about whether or not your case is sound and will be a tireless advocate for you.

Erb's Palsy Causes

Erb's palsy is caused due to an injury to the upper section of nerves in the arm, called the brachial plexus. These nerves transmit messages to muscles that allow them to move. If the nerves are damaged, they're unable to transmit signals correctly. The arm will not move at all, or at all. In most instances, the damage heals with time, but some infants may have permanent disabilities.

Shoulder dystocia is the most common cause of Erb's palsy. It occurs when the baby's arm becomes stuck behind the mother's pubic bone. The medical professionals who deliver the child have to exert force to release the shoulder and this can stretch or tear the healthy brachial plexus nerves.

The nerves can be avulsed meaning they are totally separated from the spinal column - or neuroma - where the scar tissue presses on the nerve, stopping it from sending signals or neuropraxia, if nerves have been stretched, but not ripped. The longer that the nerve is damaged, the more difficult it is to heal.

To avoid shoulder dystocia, the mother and obstetrician must communicate about the ideal position to deliver the baby and how to respond in the case of a problem at birth. Unfortunately, many cases of Erb's Palsy are caused by medical carelessness on the part nurses and doctors who apply excessive force during the birthing process.

Erb's Palsy Treatment

For babies with Erb's palsy, their physical therapy will focus on regaining a range of motion in their fingers and arms. Physical therapy is often integrated with other treatments like hydrotherapy. Hydrotherapy is beneficial as it allows babies to exercise in an environment that is anti-gravity which can help ease the pain caused by muscle spasms.

Other treatments may include medications to lessen swelling and pain. A doctor can also splice, or graft, healthy nerves from elsewhere in the body to replace damaged ones. This could restore the flexibility, feel and support to the arm.

Newborns with Erb's palsy may need surgery to repair a ruptured brachial nerve. A ruptured nerve, which is caused by the tearing of one or more nerves that run through the spine, is the most severe form of Erb's Palsy. Doctors can perform surgery to reconnect the injured nerves, allowing them to heal. This procedure is usually successful and allows most children to return to full range of movement in their arms. However, some patients have permanent disability because of the injury.

Erb's Palsy Settlements

While some children suffering from Erb's palsy can overcome the limitations of the condition through regular physical therapy, many will require surgery to repair nerve damage. Medical malpractice lawsuits can help families get fair compensation for their child's injuries.

Your lawyer will consult with experts in order to determine the probable cost of treatment. This is referred to as case value. The value of the case will be based on the severity of the injury and the impact it has on your child's future. Your lawyer will help secure life-care expenses and future estimated medical expenses and other damages.

Your lawyer will send an official demand letter to the hospital or doctor responsible for your child’s injuries. The letter will outline the child's injuries and explain the manner in which they resulted of medical negligence. The letter will also state the amount of compensation you are seeking.

The at-fault doctor will then be able to negotiate an agreement. This is a more affordable alternative to going to trial. If your lawyer can build a convincing case, the at-fault medical professional may be willing to settle without courtroom battles with you and your child to avoid the negative publicity that comes with a trial. If a settlement is reached, the funds will be deposited into an account in a trust, and used to pay for your child's medical care and other necessities.