Filing an Erb's Palsy Lawsuit
Filing a lawsuit can award families with money to aid in the payment of the treatment of their child. It can also help to hold medical professionals responsible for injuries to the brachial system that could be prevented.
This case involves a young girl who was diagnosed with Erb's palsy due to complications that occurred during her birth. She had a breech birth and shoulder dystocia (when the shoulders of a child become stuck during the delivery). Her injury was caused by medical negligence.
What Causes Erb's Palsy?
The brachialplexus nerve system is located in the neck and shoulder which sends signals to muscles in the fingers, hands and arms. When this system of nerves is damaged, a baby can develop Erb's Palsy.
This condition is prevalent when there are difficult births, long labors and the births that are breech. In the event of a difficult birth, doctors may need to use force to push the baby through the vaginal tube. This could stretch the neck or head of the infant. This can result in an injury to the traction nerves are stretched. If the force is too strong, it can cause a rupture in which the nerves are torn from their spinal cord (an Avulsion).
Most children with Erb's Palsy recover completely and have no permanent damage, but this condition can leave them with 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 accelerate the natural healing process and to aid in getting better movement and sensation in their affected hand sooner.
How can I tell If My Child Is Having Erb's Palsy?
The symptoms of erb's spalsy are weakness or paralysis--to varying levels--of the arm and shoulder. The positive side is that the majority of children born with the condition make full recoveries, although the condition is typically permanent.
The brachial nerve system connects the neck, (clavicle), and torso, with the spinal cord. This allows for movement, sensation, and support for the arm, hand, and shoulder. This nerve can be injured by stretching or pulling it.
This type of injury is typically caused by a difficult delivery, the use of force and a baby that is large or breech presentation, as well as the long second stage of labour.
An EMG can be used to identify Erb's-Pallsy. The test is a way to determine the activity of muscles as well as nerves. The doctor can also request an MRI or CT to take photos of the insides of your body. They can determine the kind of erb's syndrome that is present, including neuroma, Avulsion, or Neuropraxia (neuropathy that develops when the nerve is stretched instead of being torn away from the spine). Some patients with
Erb's palsy law firms paralysis require surgery, which requires connecting healthy nerves, and then grafting them.
How Do I Determine If My Child's Erb's Physical Disability was the result of medical malpractice?
A child with Erb's palsy should seek medical attention. This treatment can be expensive and last for many months or even years. Medical malpractice lawsuits can help families cover the cost of this treatment.
Erb's palsy is caused by injury to the upper nerves of the brachial plexus during a difficult or prolonged delivery. Most of the time, this type of injury results from traction or stretching of the muscles in the shoulder during an uneasy birth, such as one that involves a large baby or a mother who is petite.
To be able to file a medical malpractice claim the plaintiff must show that the healthcare professional failed to meet the standard of care for the position and the role they played in the circumstance. Expert testimony can be used to show this. Medical malpractice claims are based upon the actions of healthcare professionals which is why it's crucial to select a lawyer who has experience in these cases. This will give you the best chance of proving that your child's Erb's syndrome was caused by medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The severity of the Erb's palsy case for your child will determine how you'll receive compensation. This is why it's important to speak with a seasoned birth injury lawyer immediately if you suspect medical negligence.
A successful lawsuit for Erb's palsy could earn you significant financial compensation to cover current and future medical expenses for your child. This includes surgeries, therapy as well as assistive devices.
Some children's Erb's psoriasis is able to heal itself on its own over 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 more significant damages.
The majority of lawsuits involving Erb's Palsy are settled without a trial which means that the defendant will pay a certain amount to settle your claim without going to trial. If you're not able to reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and hiring experts in
erb's palsy attorney cases to prove your claims of medical malpractice. This includes medical records, testimony from witnesses, and expert witness reports. Then, your lawyer will present your case front of an impartial jury and judge.
How Can Erb's Palsy Lawyer Help Me?
Many parents seek legal advice after their child is injured during birth. These injuries can occur by medical negligence doctors or other hospital personnel. An experienced
Erb's Palsy attorney can help you determine whether your child's injury was caused by malpractice and can help you navigate the legal procedure.
If the shoulder dystocia in your child was the result of negligence of a doctor or hospital they could be responsible for your child’s damages. These damages could include the cost of the medical bills of your child, lost wages, and pain and suffering.
A good lawyer for Erb's Palsy will determine if the injury to your child was caused by medical malpractice, and then make a claim on your behalf to hold the accountable parties accountable for their actions.
Conditions that can cause shoulder dystocia can be predicted and can be prevented. If medical professionals fail to take the proper precautions, they may be held accountable for injuries that result. A successful case could result in a substantial settlement and a lifetime of medical treatment. A lawyer with experience in Erb's Palsy will ensure you receive the compensation you deserve.