Filing an Erb's Palsy Lawsuit

In the event of a lawsuit, it can award families financial compensation that can aid in paying for their child's treatment. It could also assist in holding medical professionals responsible for injuries to the brachial system that could be prevented.

This case concerns a girl who was diagnosed with Erb's palsy due to complications in her birth. She was born breech and suffered shoulder dystocia. This happens 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 brachialplexus nerve system is located in the neck and shoulder that transmits signals to muscles in the fingers, hands and arms. When this system of nerves is damaged, a baby may develop erb's palsy law firms Palsy.

This type of condition is more frequent during difficult births, long labors, and breech-births. In a difficult delivery, doctors may 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 could result in a traction accident where the nerves are stretched. If the force is too strong, it can cause a rupture where nerves are separated from their spinal cord (an Avulsion).

The majority of children with Erb's Palsy recover completely and suffer 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 the arm that is not dominant. Treatment may include physical therapy to speed up the natural healing process and help them attain better range of motion and feeling in their affected hand sooner.

How Do I Know if My Child Has 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 most children who have erb's syphilis recover completely, even though the condition is usually permanent.

The brachial nerve system connects the neck, (clavicle) and torso, with the spinal cord. This allows for movement, sensation, and support for the arm, hand, and shoulder. Stretching or pulling on this nerve can cause injury to the nerve and can result in erb's paralysis.

Difficult delivery and the use of force during childbirth, 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 performing an EMG which is a test to determine how well muscles and nerves work. The doctor may also order an MRI, CT, or other imaging test to get images of the inside of the body. They can determine if the erb's is an avulsion, a nerve or the neuropraxia, a form of neuropathy that develops when the nerve is stretched instead of being pulled away from the spine. Certain patients suffering from erb's syndrome require surgery, which includes cutting healthy nerves and then grafting them.

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

A child suffering from Erb's Palsy should seek medical treatment. This treatment can be costly and can last for a number of months or even years. Medical malpractice lawsuits can help families cover the cost of this treatment.

Erb's Palsy happens when the upper nerves of the brachialplexus are injured during a difficult labor. This type of injury is usually caused by traction or stretching the nerves of the shoulder during a difficult delivery, like when a big baby or a petite woman is involved.

To start a medical negligence case the plaintiff must demonstrate that the healthcare professional failed to meet the standard of medical care for the position and role in the circumstance. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, so it is important to hire an attorney who is experienced in these cases. This will give you the best chance to prove that negligence in the medical field caused your child's Erb palsy.

What is the value of Erb's Palsy verdicts worth?

The extent of your child's Erb's palsy case will determine the amount of compensation you'll receive. This is why it's essential to speak with a seasoned birth injury lawyer immediately if you suspect medical negligence.

A successful Erb's palsy lawsuit could award you substantial financial compensation to pay for current and future medical expenses for your child. This includes therapies, surgeries and assistive devices, among others.

Some children's Erb's palsy can heal on its own within time, however others 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 significant damages.

Most Erb's palsy lawsuits are settled without a trial and the defendant pays you a set amount to resolve 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 hiring experts in Erb's cases to prove your claim of medical malpractice. This includes medical records, evidence from witnesses and expert witness reports. Your lawyer will then present your case before an impartial jury and judge.

How can an Erb's Palsy lawyer assist me?

Many parents contact a lawyer after a child suffers a birth injury. These injuries can occur through medical malpractice 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 can help you navigate the legal process.

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

A good lawyer for Erb's Palsy will determine if the harm to your child was the result of medical negligence, and make a claim on your behalf to hold the accountable parties accountable for their actions.

The conditions that can cause shoulder dystocia often are predictable and treatable. If medical professionals fail to take the necessary precautions, they may be held accountable for the injuries that result. A successful lawsuit could result in a substantial settlement and lifelong medical care. A lawyer who is experienced in the field of Erb's palsy will make sure you receive the compensation you are entitled to.