Filing an Erb's Palsy Lawsuit
A lawsuit filed in court can provide families with financial compensation that will aid in paying for their child's treatment. It can also be used to make medical professionals accountable for injuries to the brachial-plexus that could have been prevented.
This case involves a small girl who was diagnosed with Erb's palsy because of complications during her birth. She had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during delivery). Her injury was caused by medical negligence.
What is the Cause of Erb's Palsy?
The brachialplexus is an intricate network of nerves in the shoulder and neck that transmits signals to muscles in the hands, arms, and fingers. If this nerve system is damaged, a baby may develop Erb's Palsy.
This is more prevalent in difficult deliveries, prolonged labours, and breech births. In the event of a difficult birth, doctors may need to force the baby through the vaginal tube. This may stretch the neck or head of the infant. This can lead to an accident involving traction in which the nerves are stretched. If the force is excessive it can result in ruptures in which nerves are cut off from their spinal cord.
The majority of children with Erb's Palsy recover completely and have no permanent injuries, but this condition can leave them with limitations in range of motion and a distinct difference between their dominant arm and their non-dominant arm. Treatment may include physical therapy to speed up the healing process naturally and to help them achieve greater range of motion and feel in their affected hand earlier.
How Do I Know If My Child has Erb's Palsy?
The symptoms of Erb's Palsy include paralysis or weakness in varying degrees, of the shoulder and arm. The good news is that most children born with the condition have full recovery, but the condition is usually permanent.
The brachial nerve connects the neck (clavicle) and torso to the spinal cord. This allows movement as well as sensation and support for the arm, hand and shoulder. This nerve can be injured by pulling or stretching it.
Involvement in difficult delivery and the use of force during childbirth, the large baby size, breech appearance, and a prolonged second stage of labor are common risk factors for this kind of injury.
An EMG can be used to diagnose Erb's palsy. The test is a way to determine the functioning of muscles and nerves. The doctor can also request an MRI or CT to take photos of the insides of the body. They can determine if the erb's condition is an avulsion, a nerve or the neuropraxia, a neuropathy that occurs when the nerve is stretched, rather than ripped from the spine. Certain patients with erb's palsy require surgery, which involves cutting healthy nerves and then grafting them.
How Do I Determine If My Child's Erb's Symptoms Was the result of medical malpractice?
A child suffering from Erb's palsy needs to seek medical treatment. That treatment can be expensive and last for months or years. Medical malpractice lawsuits may help families pay for the cost of treatment.
Erb's palsy is caused by damage to the upper nerves of the brachial system during an extended or difficult delivery. In most cases, this type of injury results from stretching or traction of the nerves in the shoulder during difficult births like one which involves a big infant or a smaller mother.
In order to file a medical negligence case, the plaintiff needs to show that the healthcare professional did not adhere to the standards of care appropriate for the role and position in the situation. Expert testimony is used to support this. Medical malpractice claims are based upon the actions of healthcare professionals, which is why it is crucial to find an attorney with experience in these kinds of cases. This will give you the most effective chance of proving your child's Erb's syndrome was caused by medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The extent of your child's Erb's palsy case will determine how much you'll receive in compensation. It's important to consult a birth injury lawyer as soon as possible if you suspect medical malpractice.
A successful lawsuit for Erb's palsy could award you substantial financial compensation to pay for current and future medical expenses for your child. This includes therapies, surgeries as well as assistive devices.
Some children's Erb's psoriasis will heal on its own in time, but some may require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the situation you may be entitled to even more serious damages.
Most Erb's palsy lawsuits are settled without a trial that is, the defendant pays you an amount that will settle your dispute without going to trial. If you're not able to reach an agreement with the defendant, your lawyer will prepare for trial by collecting evidence and hiring experts in cases involving Erb's palsy to back up your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness statements. Then, your lawyer will present your case front of a judge and jury.
What 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 occur by medical negligence doctors or other hospital personnel. A qualified erb's Palsy attorney (
www.freelegal.ch) will assist you in understanding the possibility that your child's injuries were caused by malpractice and help you navigate the legal procedure.
If your child's shoulder dystocia occurred due to a doctor's or hospital's negligence and/or negligence, they could be held accountable for the damages your child sustained. These damages can include compensation for your child's medical expenses along with lost wages, pain and suffering.
A good
Erb's palsy attorney will determine if the child's injury was caused by medical malpractice and then build a strong case on your behalf to hold the responsible party accountable for their actions.
The conditions that cause shoulder dystocia are typically easily preventable and foreseeable. If medical professionals fail take the necessary precautions, they may be held accountable for the injuries that result. A successful case could result in a substantial settlement and a lifetime of medical treatment. A knowledgeable lawyer from Erb's Palsy will ensure that you receive the compensation you deserve.