Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with an amount of money to pay for the treatment of their child. It can also help hold medical professionals accountable for preventable brachial plexus injuries.

This case involves a little girl who was diagnosed with Erb's Palsy due to complications that occurred during her birth. She was born breech, and also suffered from shoulder dystocia. It occurs when the shoulders of a child become stuck during birth. Her injury was the result of medical negligence.

What Causes Erb's Palsy?

The brachialplexus is a network of nerves in the shoulder and neck that sends signals to muscles in the hands, fingers and arms. When this system of nerves is damaged, a baby is susceptible to developing Erb's Palsy.

This type of condition is common during difficult delivery, prolonged labors, and the births that are breech. In a difficult birth doctors may have to use force to push the baby through the vaginal tube. This could cause stretching of the neck or head of the baby. This could result in a traction accident where the nerves get stretched. If the force is too strong, it could result in a rupture where nerves are ripped from their spinal cord (an Avulsion).

Most children with Erb's Palsy recover completely and suffer 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 their non-dominant arm. Treatment may include physical therapy to speed up the healing process naturally and to assist them in achieving more movement and feel in their affected hand faster.

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

The signs of erb's syndrome are weakness or paralysis--to varying degrees in the arm and shoulder. The good news is most children with erb’s palsy recover fully, even though their condition is typically permanent.

The brachial plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, enabling the movement, sensation and support of the shoulder, arm and hand. When you pull or stretch this nerve can cause injury to the nerve which can cause erb's palsy.

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

A doctor can diagnose erb's palsy law firms palsy by performing an EMG that measures the extent to which nerves and muscles work. The doctor may also recommend an MRI or CT to take photos of the insides of your body. They can determine if the erb's is a neuroma, an avulsion or a neuropraxia. This is an autoimmune condition that occurs when the nerve is stretched, instead of torn away from the spine. Some cases of erb's syndrome require surgery that involves the splicing and grafting of healthy nerves.

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

A child with Erb's syndrome should seek medical treatment. The treatment can be expensive and can last for months or even years. Medical malpractice lawsuits may help families cover the costs of treatment.

Erb's syndrome is caused by injuries to the nerves of the upper part of the brachial nerve plexus during the process of delivering a long or difficult. This type of injury is usually caused by stretching or traction of the nerves of the shoulder in a difficult labor, like when a big baby or a small woman is involved.

To bring a medical negligence lawsuit, the plaintiff must to establish that the healthcare provider didn't meet the standards of care appropriate for the role and position within the scenario. Expert testimony is used to support this. Medical malpractice claims are based on actions of healthcare professionals, which is why it is crucial to choose an attorney who has experience in these kinds of cases. This will give you the best chance to prove that your child's Erb's palsy was caused by medical negligence.

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

The severity of your child's Erb's syndrome case will determine how much compensation you receive. This is why it's crucial to consult an experienced birth injury lawyer whenever you suspect medical negligence.

A successful lawsuit for Erb's palsy could win you significant financial compensation to cover current and future medical costs for your child. This includes treatments, surgeries, assistive devices and more.

Some children's Erb palsy heals itself over time, however other children may need surgery to repair avulsions or tears of the brachial nerves. If this is the case you could be entitled even to more severe damages.

The majority of lawsuits involving Erb's palsy are settled outside of court. This means that the defendant will pay a certain amount to settle your claim without the need to go to trial. If you are unable to reach an agreement with the defendant, your lawyer will prepare a trial by gathering evidence and erb's palsy attorney bringing in medical malpractice experts to prove your claims. This includes medical records, evidence from witnesses and expert witness statements. Your lawyer will present your case in before the jury and a judge.

What can an Erb's Palsy lawyer help me?

Many parents contact a lawyer after a child suffers a birth injury. These injuries may be by medical negligence doctors or other hospital personnel. A qualified Erb's palsy attorney can help you determine the possibility that your child's injuries were due to malpractice and guide you through the legal process.

If your child's shoulder dystocia occurred caused by a doctor or hospital's negligence or carelessness, they could be accountable for your child's injuries. These damages include reimbursement for medical bills and lost wages as well as pain and discomfort.

An experienced Erb's Palsy lawyer will determine if your child's injury was caused by medical negligence and then create an effective case on your behalf to hold the responsible party accountable for their actions.

Conditions that can cause shoulder dystocia can be predicted and preventable. When medical professionals fail to take the proper precautions, they can be held responsible for the injuries that result. A successful case could result in a substantial amount as well as a lifetime of medical care. A lawyer with experience in the field of Erb's palsy will make sure that you receive the amount you deserve.