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Filing an Erb's Palsy Lawsuit

A lawsuit could offer families financial compensation to pay for the treatment of their child. It can also help hold medical professionals accountable for injuries to the brachial plexus that could be prevented.

This case involves a small girl who was diagnosed with Erb's palsy as a result of complications that occurred during her birth. She had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during the delivery). Her injury was the result of medical negligence.

What Causes Erb’s Palsy?

The brachial plexus is a network of nerves in the shoulder and neck which transmits signals to muscles in the arms, hands, and fingers. When this system of nerves is damaged, a baby may develop Erb's Palsy.

This condition is more common when there are difficult births, lengthy labours, and breech births. In difficult births doctors may have to force the baby through the vaginal tube. This could stretch the neck or head of the baby. This can result in an injury to the traction nerves are stretched. If the force is too strong, it may cause a rupture in which the nerves are torn from their spinal cord (an avulsion).

Most children suffering from Erb's Palsy recover completely and have no permanent damage, however this condition can leave them with weakness, limited range of motion and a noticeable distinction between their dominant arm and non-dominant arm. Physical therapy is an option to speed up the healing process and help to improve the condition of their hand that is affected.

How do I know If My Child is Having Erb's Palsy?

The symptoms of Erb's 'Palsy' include weakness or paralysis to varying degrees, in the arm and shoulder. The good news is that a majority of children born with the condition have full recovery, but the condition is typically permanent.

The brachial nerve system connects the neck, (clavicle) and torso, with the spinal cord. This allows for movement, sensation, and support for the hand, arm, and shoulder. This nerve is susceptible to injury by stretching or pulling it.

A difficult delivery and the use of force during childbirth, the large baby size, breech presentation and a long second stage of labor are all common risks for this type of injury.

A doctor can identify erb's palsy by performing an EMG which determines how well nerves and muscles work. The doctor may also order an MRI, CT, or other imaging tests to obtain pictures of the inside of the body. They can determine if the erb's are a neuroma, an avulsion or a neuropraxia. This is an autoimmune condition that occurs when the nerve is stretched rather than torn from the spine. Some cases of erb's spalsy require surgery, which involves the splicing of healthy nerves and grafting them.

How Do I Determine If Medical Malpractices Caused My Child's Erb's Palsy?

A child suffering from Erb's Palsy should seek medical treatment. The treatment can be costly and last for months or years. Medical malpractice lawsuits can assist families in paying for the cost of medical treatment.

Erb's palsy occurs by the fact that the upper nerves of brachialplexus get injured during a difficult birth. In most cases, this type of injury results from traction or stretching of the muscles of the shoulder during an uneasy birth like one that involves a large baby or a smaller mother.

In order to file a medical negligence claim, the plaintiff needs to demonstrate that the healthcare professional failed to meet the standard of care that was appropriate to his or her role and position in the situation. This is accomplished by using expert testimony. Medical malpractice claims are based on actions of healthcare professionals, which is why it is essential to employ an attorney with experience in these cases. This will give you the best chance of proving that the Erb's palsy of your child was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's syndrome case will determine the amount of compensation you'll receive. It's crucial to speak with an attorney for birth injuries whenever you suspect medical malpractice.

A successful lawsuit for Erb's palsy could result in significant financial compensation to cover the current and future medical costs for your child. This includes surgeries, therapy as well as assistive devices.

Certain children's Erb's Palsy heals on its own in time, but some may 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 severe damages.

Most Erb's palsy lawsuits are settled out of court, which means the defendant will pay you a certain amount to settle your dispute without having to go to trial. If you're not able to reach a settlement with the defendant, your lawyer will prepare a trial by collecting evidence and bringing in medical malpractice experts to back your claims. This includes medical records and reports from experts. Then, your lawyer will present your case in front of a judge and jury.

What can an Erb's Palsy Lawyer Help Me?

Many parents contact a lawyer when their child suffers a birth injury. These injuries can be caused by medical negligence by doctors and other hospital personnel. A qualified Erb's palsy lawyer can help you determine if the injury to your child was caused by medical negligence and guide you through legal proceedings.

If your child's shoulder dystocia was due to a medical professional or hospital's negligence, they could be liable for your child's damages. These damages could include the cost of your child's medical expenses, lost wages, and pain and suffering.

A good Erb's palsy attorney will determine if your child's injuries was caused by medical malpractice. Then, you can build a strong case on your behalf to hold the person responsible accountable for their actions.

The conditions that cause shoulder dystocia can be easily preventable and foreseeable. If medical professionals fail to take necessary precautions, they could be held responsible for any injuries that result. A successful lawsuit could result in a substantial amount and lifetime medical care. An experienced lawyer in the field of Erb's Palsy will ensure that you get the compensation you deserve.