Filing an Erb's Palsy Lawsuit

A lawsuit could provide families with an amount of money to pay for the treatment of their child. It is also a way to make medical professionals accountable for injuries to the brachial-plexus that could have been prevented.

This case involves a girl who developed Erb's palsy due to complications during her delivery. She was born breech, and also suffered from shoulder dystocia. It occurs when the shoulders of a baby become stuck during delivery. Her injury was the result of medical negligence.

What is the reason for Erb's Palsy?

The brachialplexus nerve system is located in the shoulder and neck which sends signals to muscles in the hands, fingers and arms. Erb's Palsy can develop when this system of nerves is damaged.

This type of condition is more frequent during difficult births, long labors, and breech births. In a difficult delivery doctors might have to use force to pull the baby out of the vaginal canal, which can cause stretching of the baby's neck or head. This can result in an injury to the traction nerves are stretched. If the force is too strong, it may cause a rupture where the nerves are torn from their spinal cord (an Avulsion).

Most children with Erb's Palsy recover completely and have no permanent damage, but this condition can leave them with weakening, a limited range of motion and a distinct difference between their dominant arm and non-dominant arm. Treatment may include physical therapy to accelerate the healing process naturally and to aid in getting greater range of motion and feel in their affected hand quicker.

How do I tell If My Child Is Having Erb's Palsy?

The symptoms of Erb's palsy include weakness or paralysis, in varying degrees, of the arm and shoulder. The positive side is that the majority of children born with erb's syndrome have full recovery, but the condition is usually permanent.

The brachial plexus network of nerves connects the neck (clavicle) and the torso with the spinal cord, which allows the movement, sensation and support for the shoulder, arm, and hand. The pulling or stretching of this nerve can cause damage and can result in erb's paralysis.

This kind of injury can be caused by a difficult birth and force or a large baby present, breech and the length of the second stage labour.

A doctor can diagnose erb's palsy attorney palsy by performing an EMG that measures how well nerves and muscles work. The doctor can also request an MRI or CT to capture pictures of the insides of your body. They can determine if the erb's is an avulsion, a nerve or a neuropraxia. This is an autoimmune condition that occurs when nerves are stretched rather than ripped from the spine. Some cases of erb's syndrome require surgery that involves the splicing and grafting of healthy nerves.

How Do I Determine If Medical malpractice has caused my child's Erb's Palsy?

A child suffering from Erb's Palsy needs medical attention. The treatment may be costly and may take months or even years to complete. Medical malpractice lawsuits can help families cover the cost of this treatment.

Erb's spalsy occurs by upper nerves in the brachialplexus become injured during a difficult labor. Most often, this type of injury results from stretching or traction of muscles of the shoulder during a difficult birth like one which involves a big infant or a petite mother.

In order to file a medical negligence case, the plaintiff has to demonstrate that the healthcare professional didn't meet the standards of care that was appropriate to the job and Erb's Palsy Lawyer position within the scenario. Expert testimony is used to show this. Medical malpractice claims are based upon the actions of healthcare providers, so it's important to hire a lawyer who has experience in these kinds of cases. This gives you the best chance to prove that medical negligence caused your child's Erb palsy.

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 will receive. This is why it's important to consult an experienced birth injury attorney as soon as you suspect medical negligence.

A successful Erb's Palsy lawsuit could result in significant financial compensation to cover the current and future medical expenses for your child. This includes surgery, therapy assistive devices, many more.

Some children's Erb palsy heals by itself over time, but other children may need surgery to repair tears or avulsions of the brachial nerves. If this is the case, you may be entitled to even more significant damages.

The majority of lawsuits involving Erb's Palsy are settled out of court and the defendant will pay you a set amount to resolve your dispute without having to go to trial. If you're unable reach an agreement with the defendant, then your lawyer will prepare a trial through gathering evidence and bringing in medical malpractice experts to back your claims. This includes medical records and testimony from expert witnesses. Your lawyer will present your case front of an impartial jury and judge.

How can an Erb's Palsy lawyer assist me?

Many parents seek legal counsel after a child is injured birth injury. These injuries can be the result of medical malpractice by doctors or other hospital staff. A qualified Erb's Palsy lawyer will help you determine if the injury suffered by your child was the result of medical negligence and assist you in legal proceedings.

If the shoulder dystocia in your child was the result of negligence of a doctor or hospital they could be accountable for your child’s damages. These damages could include compensation for your child's medical expenses along with lost wages, pain and suffering.

A good attorney from Erb's Palsy will determine if the child's injury resulted from medical malpractice. Then, you can build a solid case on your behalf to hold the person responsible accountable for their actions.

Conditions that can lead to shoulder dystocia are often predictable and treatable. If medical professionals fail to take the necessary precautions, they may be held accountable for the injuries that result. A successful claim could result in a significant award and lifetime medical care. An experienced lawyer in Erb's Palsy will ensure that you receive the amount you are entitled to.