Erb's Palsy Lawyers
A knowledgeable attorney can simplify the legal process. Erb's lawyers for children can assist clients in obtaining financial compensation for their child's future medical requirements.
Parents should have the confidence that their children are being taken well, even if they suffer an accident that can change their lives. This can be difficult to do when medical malpractice is involved.
Prevention of Birth Injuries
While there are some birth injuries that are because of factors beyond the control of a doctor like the size and position of a pelvis fetus or birth canal, many others are avoidable. Doctors are required to properly estimate the size and weight of a fetus, and to recommend a C-section birth if they believe that the baby will be difficult to deliver vaginally. This protects the mother and fetus and often can avoid the need for medically necessary interventions.
When a doctor fails to comply with this requirement and fails to follow the rules, it can result in injuries such as Erb's palsy or brachial and plexus injuries. These injuries occur when the nerves in the arm or shoulder are damaged during the delivery. Most often, they cause limited movement or weakness in the area for the remainder of the life of the child. Treatments for these conditions can be extremely expensive.
Families afflicted with these injuries often require financial compensation to pay the expenses. An erb's palsy attorney can fight to ensure that families receive the most amount of compensation that is possible, which will ease their financial burden and ensure an appropriate treatment for their child. A good
erb's palsy lawyer will be upfront about whether or not your case is strong and will work tirelessly on your behalf.
Erb's Palsy Causes
Erb's Palsy is caused by injuries to the upper portion of nerves located in the arm. They are called the brachial plexus. These nerves transmit signals to muscles in order to allow them to move. If the nerves are damaged, they will not be able to conduct signals properly and the arm can't move at all or in a good way. In most instances, the injuries will heal over time. However some infants are permanently disabled.
Shoulder dystocia is a common cause of Erb's Psy. It occurs when the baby's shoulder gets stuck behind the mother’s pubic bone. The medical professionals delivering the baby must exert pressure to release the shoulder, and this can stretch or tear the healthy nerves of the brachial complex.
The nerves can be avulsed, meaning they are completely separated from the spinal column - or neuroma - where the scar tissue presses the nerve, stopping it from sending signals or neuropraxia, if nerves have been stretched but not torn. The longer a nerve remains damaged, the more difficult it becomes to heal.
Preventing shoulder dystocias during labor requires communication between mother-to-be and the obstetrician about the most secure place for delivery and determining how to respond to any issues that arise during the birth. Unfortunately, many cases of Erb's Palsy result from medical negligence on the part nurses and doctors who use excessive force during the birthing process.
Erb's Palsy Treatment
For babies with Erb's palsy the physical therapy they receive will focus on regaining range of motion in their fingers and arms. Physical therapy is often paired with other treatments, like hydrotherapy. Hydrotherapy is beneficial since it allows babies to exercise in an anti-gravity mode which can help ease pain from muscle spasms.
Other treatments include medications to reduce pain and swelling. Physicians may also splice, or graft, healthy nerves from elsewhere in the body to replace damaged ones. This could restore sensation, flexibility and support to the arm.
Newborns with Erb's palsy may need surgery to repair a ruptured brachial plexus. A nerve that has ruptured, caused by tearing one or more nerves from the spine, is the most severe type of Erb's Palsy. Doctors may opt for surgery to reconnect the nerves that have been injured, allowing them to heal. The procedure is generally successful and allows most children to resume full range of movement in their arms. However, some children may have permanent disability as a result of the injury.
Erb's Palsy Settlements
While some children suffering from Erb's palsy can overcome the limitations imposed by the condition with daily physical therapy, a majority will require surgery to repair nerve damage. Fortunately, the medical malpractice lawsuit process can help families receive fair settlement for their child's injuries.
When you file a claim for legal aid, your lawyer will work with experts to determine how much the treatment will cost. This is known as the case value. The value of the case will be based on the severity of the injury and the impact it has on your child's future. Your attorney will seek to recover the cost of life-care and future medical expenses, and other damages.
Your lawyer will send a demand note to the hospital or doctor responsible for your child's injuries. The letter will outline your child's injuries, and the way they were caused by negligence on the part of medical professionals. The letter will also include the amount of compensation you are seeking.
The doctor responsible is then able to negotiate an agreement. This is a less expensive alternative to going to trial. If your attorney builds an argument that is convincing that is supported by the medical professional at fault, they might be willing to negotiate a settlement outside of court with you and your child to avoid the negative publicity of a trial. If a settlement is reached, the funds will be put into an account in a trust, and used to cover the medical treatment of your child and other needs.