Filing an Erb's Palsy Lawsuit
In the event of a lawsuit, it can award families financial compensation that will assist in paying for their child's medical treatment. It could also assist in holding medical professionals accountable for brachial plexus injuries that could have been prevented.
This case involves a girl who developed Erb's palsy due to complications during her birth. She was born breech, and also suffered from shoulder dystocia. This happens when the shoulders of a child become stuck during birth. Her injury was caused by medical negligence.
What Causes Erb's Palsy?
The brachial plexus is a system of nerves in the shoulder and neck that sends signals to the muscles of the arms, hands, and fingers. When this system of nerves is damaged, a baby can develop Erb's Palsy.
This condition is most common in difficult deliveries, long labors and the births that are breech. In difficult births, doctors may need to force the baby through the vaginal tube. This can stretch the neck or head of the baby. This can lead to an accident of traction where nerves are stretched. If the force is too strong, it may cause a rupture in which the nerves are torn from their spinal cord (an avulsion).
The majority of children with Erb's Palsy recover completely and have no permanent damage, but this condition can cause limitations in range of motion and a noticeable difference between their dominant and the non-dominant hand. Physical therapy is an option to speed up the healing process and make patients feel better in their hand that is affected.
How do I know If My Child has Erb's Palsy?
The symptoms of erb's palsy include weakness or paralysis to varying degrees--of the shoulder and arm. The good news is that most children born with erb's palsy are fully recovered, even though the condition is usually permanent.
The brachial nerve system connects the neck, (clavicle), and torso, with the spinal cord. This allows movement, sensation, and support of the hand, arm, and shoulder. When you pull or stretch the nerve can cause injury, resulting in erb's palsy.
This type of injury is often caused by a difficult delivery,
Erb's Palsy the use of force or a large baby or breech presentation, as well as a long second stage of labour.
A doctor can diagnose erb's palsy by performing an EMG that measures how well nerves and muscles work. The doctor may also request an MRI or CT to capture images of the insides of your body. They can determine if the erb's are an avulsion, a neuroma or the neuropraxia, a type of neuropathy that manifests when nerves are stretched instead of torn away from the spine. Some erb's palsy cases require surgery, which involves splicing and grafting healthy nerves.
How Can I Tell If My Child's Erb's Palsy Was the result of a medical error?
A child with Erb's Palsy needs medical treatment. This treatment can be costly and last for months or even years. Medical malpractice lawsuits can assist families in paying for the cost of this care.
erb's palsy (
Xilubbs Xclub explains) is caused by upper nerves in the brachialplexus are injured in a labor that is difficult. In most cases, this type of injury is caused by stretching or traction of the nerves in the shoulder during a difficult birth, such as one which involves a large infant or a small mother.
To be able to file a medical malpractice claim the plaintiff must establish that the healthcare professional failed to adhere to the standard of care for the position and role in the situation. Expert evidence can be used to support this. Medical malpractice claims are based on actions of healthcare professionals, therefore it is important to hire an attorney with experience in these cases. This will give you the best chance of proving your child's Erb's palsy was caused by medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The severity of your child's
Erb's palsy case will determine how much compensation you receive. It's important to consult a birth injury lawyer immediately if you suspect medical negligence.
A successful Erb's palsy lawsuit could award you substantial financial compensation that will cover current and future medical expenses for your child. This includes surgeries, therapy as well as assistive devices.
Some children's Erb's palsy can heal on its own within time, but some may require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the situation you could be entitled even to more serious damages.
Most
Erb's palsy lawsuits settle out of court and the defendant pays you a set amount to resolve your case without going to trial. If you're not able to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and bringing in experts in Erb's palsy cases to back up your claims of medical malpractice. This includes medical records and evidence from expert witnesses. Your lawyer will then present your case to jurors and judges.
How Can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?
Many parents seek legal advice after their child is injured during birth. These injuries can be caused by medical negligence doctors or other hospital staff. A qualified Erb's palsy attorney can help you determine whether your child's injury was caused by malpractice and assist you in the legal process.
If your child's shoulder dystocia was due to a doctor or hospital's negligence or carelessness, they could be accountable for your child's injuries. These damages can include the cost of medical bills, lost wages and pain and discomfort.
A good Erb's palsy attorney will determine if your child's injuries was the result of medical negligence and then create an effective case on your behalf to hold the accountable party accountable for their actions.
Conditions that may cause shoulder dystocia can be predicted and treatable. If medical professionals fail take the proper precautions, they could be held liable for the injuries that result. A successful case could result in a substantial amount and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation you deserve.