Filing an Erb's Palsy Lawsuit
In the event of a lawsuit, it can award families money to aid in the payment of the treatment of their child. It can also help hold medical professionals accountable for preventable brachial plexus injuries.
This case involves a young girl who was diagnosed with Erb's palsy because of complications during her birth. She was born breech and suffered shoulder dystocia, which is when the shoulders of a child get stuck during the delivery. The injury was by medical negligence.
What Causes Erb’s Palsy?
The brachialplexus nerve system is located in the shoulder and neck that transmits signals to muscles in the fingers, hands, and arms. Erb's Palsy can develop when this system of nerves becomes damaged.
This is a common occurrence when there are difficult births, long labors, and breech births. In an uneasy birth doctors may have to force the baby through the vaginal tube. This could cause stretching of the neck or head of the baby. This could cause injuries from traction, where nerves are stretched. If the force is too high it could cause an injury where the nerves are cut off from their spinal cord.
The majority of children with Erb's Palsy recover fully and have no permanent injuries, but this condition can cause an inability to move, a restricted range of motion, and a noticeable difference between their dominant arm and non-dominant arm. Physical therapy can be used to accelerate the healing process and make patients feel better in their affected hand.
How Do I Know if My Child Has Erb's Palsy?
The symptoms of erb's paralysis are weakness or paralysis--to varying levels--of the arm and shoulder. The good news is that a majority of children born with erb's palsy are fully recovered, even though their condition is often permanent.
The brachial plexus system of nerves connects the neck (clavicle) and torso to the spinal cord, enabling mobility, feeling and support of the shoulder, arm, and hand. This nerve could be injured by stretching or pulling it.
Difficult delivery and the use of force during childbirth, large baby size, breech presentation and a prolonged second stage of labor are all common risk factors for this type of injury.
A doctor can diagnose erb's paralysis by performing an EMG which determines the extent to which nerves and muscles work. The doctor may also order an MRI, CT, or other imaging test to get images of the inside of the body. They can determine if the erb's problem is an avulsion, a neuroma or a neuropraxia. This is a type of neuropathy that manifests when a nerve is stretched instead of being pulled away from the spine. Some erb’s palsy patients require surgery, which requires cutting healthy nerves and then grafting them.
How Do I Determine What to Do If My Child's Erb's Syndrome Was the result of a medical error?
A child suffering from Erb's Palsy must seek medical attention. The treatment can be costly, and it may be a long time coming. Medical malpractice lawsuits can help families pay for the cost of this treatment.
Erb's Palsy is caused when the upper nerves of the brachialplexus get injured in a labor that is difficult. In the majority of cases this kind of injury is caused by traction or stretching of the muscles of the shoulder during difficult births like one that involves a large infant or a small mother.
In order to bring a medical malpractice lawsuit the plaintiff must show that the healthcare professional did not meet the standard of medical care for his or her position and role in the incident. Expert testimony can be used to support this. Medical malpractice claims are based upon the actions of healthcare professionals It is therefore essential to hire a lawyer who has experience in these cases. This will give you the most effective chance of proving your child's Erb's Palsy was the result of medical negligence.
What is the value of Erb's Palsy verdicts worth?
The severity of your child's Erb's syndrome case will determine the amount of you'll receive in compensation. This is the reason it's so important to seek out a skilled birth injury lawyer when you suspect medical negligence.
If you prevail in your Erb's Palsy case you could be awarded substantial financial compensation for current and future medical expenses for your child. This includes therapies, surgeries and assistive devices, among others.
Some children's Erb's syndrome heals on its own in time, however others may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the situation you could be entitled to greater damages.
The majority of Erb's palsy lawsuits are settled out of court, which means the defendant pays you a set amount to resolve your case without going to trial. If you are unable to reach an agreement with the defendant, then your lawyer will prepare a trial by collecting evidence and hiring medical experts to defend your claims. This includes medical records, testimony from witnesses and expert witness testimony. Your lawyer will then argue your case before the jury and a judge.
How can an
erb's palsy law firm Palsy lawyer help me?
Many parents seek out a lawyer after a child suffers a birth injury. These injuries can be caused because of medical malpractice committed by doctors or other hospital personnel. A qualified
Erb's palsy attorney can assist you in determining the extent of your child's injury caused by negligence and will guide you through the legal process.
If your child's shoulder dystocia was due to a doctor or hospital's negligence and/or negligence, they could be held accountable for the injuries suffered by your child. These damages may include compensation for the medical bills for your child along with lost wages, pain and suffering.
A good Erb's palsy attorney will determine if your child's injuries resulted from medical negligence and then create a strong case on your behalf to hold the person responsible accountable for their actions.
The conditions that cause shoulder dystocia are usually foreseeable and preventable. If medical experts fail to take the appropriate precautions, they could be held accountable for any injuries that may result from. A successful lawsuit could result in a substantial settlement as well as a lifetime of medical care. A lawyer with experience in Erb's psy will make sure you receive the compensation you deserve.