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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 can also be used to ensure that medical professionals are held accountable for injuries to the brachial plexus which could have been avoided.

This case involves a small girl who was diagnosed with Erb's Palsy as a result of complications that occurred during her birth. She was born breech and suffered shoulder dystocia, which is when the shoulders of a child get stuck during birth. Her injury was caused by medical negligence.

What is the cause of Erb's Palsy?

The brachial plexus is a system of nerves in the shoulder and neck that sends signals to the muscles in the hands, arms and fingers. Erb's Palsy can occur when this system of nerves gets damaged.

This condition is most common during difficult deliveries, prolonged labors, and breech births. In a difficult birth doctors may need to force the baby out of the vaginal canal, which can cause stretching of the baby's neck or head. This can cause an injury to the traction nerves are stretched. If the force is too strong, it can cause ruptures in which nerves are ripped away from their spinal cord.

Most babies with Erb's Palsy recover completely and have no permanent injuries, but this condition can leave them with weakening, a limited range of motion, and a noticeable difference between their dominant and the arm that is not dominant. Physical therapy is an option to accelerate the healing process and help them feel better in their affected hand.

How can I tell if My Child Has Erb’s Palsy?

The symptoms of Erb's palsy are paralysis or weakness to varying degrees, within the arm and shoulder. The good news is that most children with erb’s palsy recover fully, even though the condition is typically permanent.

The brachial plexus system of nerves connects the neck (clavicle) and the torso to the spinal cord, allowing the movement, sensation and support of the shoulder, arm and hand. When you pull or stretch this nerve can cause damage and can result in erb's paralysis.

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

A doctor can diagnose erb's paralysis by conducting an EMG, which measures how well muscles and nerves function. The doctor can also order 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 a neuropraxia. This is a form of neuropathy that develops when a nerve is stretched instead of torn away from the spine. Certain patients suffering from erb's syndrome require surgery, which includes cutting healthy nerves and then grafting them.

How Do I Determine If Medical malpractice caused my child's Erb's Palsy?

A child suffering from Erb's palsy needs medical attention. The treatment can be expensive and can last for a number of months or even years. Medical malpractice lawsuits could help families pay for the cost of treatment.

Erb's spalsy occurs when the upper nerves of the brachialplexus are damaged during a difficult delivery. In most cases, this type of injury is caused by stretching or traction of nerves in the shoulder during an uneasy birth like one that involves a large baby or a petite mother.

To bring a medical negligence case, the plaintiff has to prove that the healthcare professional didn't meet the standards of care that was appropriate to the job and position in the situation. Expert evidence can be used to demonstrate this. Medical malpractice claims are based on the actions of healthcare providers, so it's important to find a lawyer that has experience in these kinds of cases. This will give 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 severity of your child's Erb's palsy case will determine how much you'll receive in compensation. It's crucial to speak with a birth injury lawyer whenever you suspect medical malpractice.

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

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

Most Erb's palsy lawsuits settle out of court, which means the defendant will pay you a set amount to resolve your case without going to trial. If you're unable to reach a settlement with the defendant, then your lawyer will prepare a trial by collecting evidence and bringing in medical malpractice experts to support your claims. This includes medical records, testimony from witnesses, and expert witness reports. Your lawyer will then argue your case before the jury and a judge.

How can an Erb's Palsy lawyer help me?

Many parents seek legal advice after their child is injured during birth. These injuries may be because of medical malpractice committed by doctors or other hospital staff. An experienced Erb's Palsy attorney will assist you in understanding whether your child's injury was caused by malpractice and can guide you through the legal process.

If the shoulder dystocia you have observed in your child was due to negligence by a hospital or doctor they could be accountable for the injuries your child sustained. These damages may include compensation for medical bills as well as lost wages, discomfort and pain.

A reputable Erb's palsy lawyer will determine if the injury to your child was due to medical negligence, and develop a case on your behalf in order to hold the accountable parties accountable for their actions.

The conditions that cause shoulder dystocia can be foreseeable and preventable. If medical experts fail to take the appropriate precautions, then they can be held responsible for any injuries that result. A successful case could result in a substantial amount and a lifetime of medical treatment. A lawyer who has experience in Erb's psy will make sure that you get the compensation you deserve.