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Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families an amount of money that could assist in paying for the treatment of their child. It also helps hold medical professionals accountable for preventable brachial plexus injuries.

This case concerns a girl who developed Erb's palsy due to complications during her birth. She was born breech and had shoulder dystocia. This is when the shoulders of a child become stuck during delivery. Her injury was by medical negligence.

What Causes Erb's Palsy?

The brachialplexus is a network of nerves in the neck and shoulder that transmits signals to muscles in the hands, fingers and arms. When this nerve system is damaged, an infant may develop Erb's Palsy.

This type of condition is more frequent during difficult births, long labors, and breech-births. In the event of a difficult delivery doctors may need to exert force to get the baby out of the vaginal canal which can cause stretching of the baby's neck or head. This could cause an injury to the traction nerves are stretched. If the force is excessive it can result in rupture where the 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 arm and the arm that is not dominant. Treatment can include physical therapy to speed up the healing process naturally and help them attain more movement and feel in their affected hand quicker.

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

The symptoms of erb's palsy are weakness or paralysis--to varying extents--of the arm or shoulder. The good news is that a majority of children born with erb's palsy get full recovery, though the condition is typically permanent.

The brachial plexus system of nerves connects the neck (clavicle) and the torso with the spinal cord, allowing for mobility, feeling and support for the arm, shoulder, and hand. Stretching or pulling on this nerve can cause damage, resulting in erb's palsy.

The difficulty of delivery and the use of force during childbirth, the large baby size, breech display, and long second stage of labor are common risks for this type of injury.

A doctor can diagnose erb's palsy by conducting an EMG which is a test to determine how well muscles and nerves function. The doctor may also order an MRI, CT, or other imaging tests to get pictures of the inside of the body. They can determine the kind of erb's paralysis, such as neuroma, Avulsion, or Neuropraxia (neuropathy that occurs when the nerve is stretched instead of being 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 Caused by Medical Malpractice?

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

Erb's Palsy is caused by upper nerves in the brachialplexus become injured during a difficult delivery. Most of the time, this type of injury results from stretching or traction of nerves in the shoulder area during difficult births like one that involves a large baby or a petite mother.

In order to file a medical malpractice case the plaintiff must establish that the healthcare professional failed to meet the standard of care for his or her job and position in the situation. This is done by using expert testimony. Medical malpractice claims are based on the actions of healthcare professionals. Therefore, it is crucial to choose an attorney with experience in these types of cases. This will give you the best chance of proving your child's Erb's palsy was the result of 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'll receive. This is why it's crucial to consult an experienced birth injury lawyer whenever you suspect medical negligence.

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, many more.

Some children's Erb's palsy can heal on its own within time, while others require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the case, you may be entitled to even more serious damages.

Most Erb's palsy lawsuits are settled without a trial that is, the defendant will pay a certain amount to settle your claim without going to trial. If you're not able to reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's palsy cases to prove your claim of medical malpractice. This includes medical records as well as reports from expert witnesses. Then, your lawyer will present your case before an impartial jury and judge.

How Can erb's palsy law firm Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents consult a lawyer after a child suffers a birth injury. These injuries can occur because of medical malpractice committed by doctors or other hospital personnel. A qualified Erb's palsy attorney can assist you in determining the possibility that your child's injuries were caused by malpractice and assist you in the legal procedure.

If the shoulder dystocia you have observed in your child was the result of negligence of a doctor or hospital they could be responsible for the damage your child sustained. These damages can include the cost of the medical bills of your child, lost wages, and pain and suffering.

A good Erb's palsy attorney will determine if your child's injuries resulted from medical negligence and then create an effective case on your behalf to hold the person responsible accountable for their actions.

The conditions that cause shoulder dystocia are often foreseeable and preventable. If medical professionals fail take the necessary precautions, they may be held accountable for the injuries that result. A successful claim can result in a substantial settlement and also a lifetime of medical care. An experienced Erb's palsy lawyer will ensure that you receive the compensation you are entitled to.