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Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families financial compensation that will aid in paying for their child's treatment. It can also help to hold medical professionals accountable for preventable brachial plexus injuries.

This case involves a young girl who developed Erb’s palsy because of complications during her birth. She was born breech and suffered from shoulder dystocia, which is when the shoulders of a child become stuck during delivery. Her injury was caused by medical negligence.

What is the cause of Erb's Palsy?

The brachial plexus is a system of nerves in the neck and shoulder that sends signals to the muscles in the hands, arms, and fingers. Erb's Palsy can occur when this system of nerves is damaged.

This is more prevalent in difficult deliveries, 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 infant. This could result in a traction injury where the nerves are stretched. If the force is too strong it can lead to ruptures in which nerves are torn away from their spinal cord.

Most children suffering from Erb's Palsy recover fully and have no permanent harm, but this condition can cause an inability to move, a restricted range of motion and a noticeable difference between their dominant and non-dominant arm. Treatment options include physical therapy to speed up the natural healing process and to help them achieve better range of motion and feeling in their affected hand sooner.

How Do I Tell If My Child Is Having Erb's Palsy?

The signs of erb's syndrome are weakness or paralysis--to varying levels--of the arm and shoulder. The good news is that the majority of children who suffer from erb's palsy recover completely, even though the condition is usually permanent.

The brachial plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, allowing for movement, feeling and support for the shoulder, arm and hand. Stretching or pulling on this nerve can cause injury to the nerve and can result in erb's paralysis.

This type of injury is typically caused by a difficult delivery using force or a large baby or breech presentation, as well as the long second stage of labour.

A doctor can diagnose erb's palsy by performing an EMG, which measures how well muscles and nerves work. The doctor may also recommend an MRI or CT to take pictures of the insides of your body. They can determine the type of erb's spalsy such as neuroma the avulsion or neuropraxia (neuropathy that occurs when the nerve is stretched rather than torn away from the spine). Some erb’s palsy patients require surgery, which requires cutting healthy nerves and then grafting them.

How Do I Know If My Child's Erb's Palsy Was the result of a medical error?

A child with Erb's palsy should seek medical attention. The treatment may be costly and last for months or even years. Medical malpractice lawsuits can help families pay for the cost of this care.

Erb's Palsy happens by the fact that the upper nerves of brachialplexus get injured during a difficult birth. In most cases this kind of injury is caused by traction or stretching of the muscles in the shoulder during an uneasy birth 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 care for his or her position and the role they played in the circumstance. This is accomplished by using expert testimony. Medical malpractice claims are based on the actions of healthcare professionals, therefore it is crucial to find an attorney who has experience in these types of cases. This gives you the best chance to prove that negligence in the medical field caused your child's Erb palsy.

How much do Erb's Palsy verdicts worth?

The severity of your child's Erb's syndrome case will determine how much compensation you receive. It is essential to talk to a birth injury lawyer immediately if you suspect medical malpractice.

A successful Erb's-Palsy lawsuit could earn you significant financial compensation that will cover current and future medical costs for your child. This includes therapy, surgery, assistive devices, and more.

Some children's Erb palsy heals itself as time passes, but other children may require surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the case, you could be entitled to additional serious damages.

Most Erb's palsy lawsuits settle out of court, which means the defendant pays you a certain amount to settle your dispute without having to go to trial. However, if you are unable to reach an agreement with the defendant, your lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's cases to support your claims of medical malpractice. This includes medical records, evidence from witnesses and expert witness reports. Your lawyer will then present your case to jurors and judges.

How can an Erb's Palsy lawyer assist me?

Many parents seek legal counsel after their child has suffered a birth injury. These injuries could be caused by medical malpractice by doctors or other hospital staff. A qualified lawyer for Erb's palsy can help you determine if the injury suffered by your child was caused by medical negligence and guide you through legal proceedings.

If the shoulder dystocia in your child was the result of negligence of a doctor or hospital they could be accountable for the damages your child suffered. These damages include the cost of medical bills or lost wages, as well as discomfort and pain.

A reputable Erb's palsy lawyer will determine if the harm to your child was the result of medical malpractice, and build a case on your behalf to hold the accountable parties accountable for their actions.

The conditions that cause shoulder dystocia are usually easily preventable and foreseeable. If medical experts fail to take the appropriate precautions, then they can be held responsible for any injuries that result. A successful case could lead to a substantial award and lifetime medical care. A lawyer with experience in Erb's Palsy will ensure that you receive the amount you deserve.