Filing an Erb's Palsy Lawsuit

The filing of a lawsuit could award families with money to aid in paying for their child's medical treatment. It is also a way to hold medical professionals accountable for injuries to the brachial plexus that could have been prevented.

This case involves a little girl who developed Erb's palsy as a result of complications that occurred during her birth. The birth was breech and shoulder dystocia (when the child's shoulders get stuck during the delivery). Her injury was the result of medical negligence.

What is the Cause of Erb's Palsy?

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

This is more prevalent in difficult deliveries, long labors, and breech-births. In a difficult 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 an accident involving traction in which the nerves get stretched. If the force is excessively strong, it could cause a rupture where the nerves are torn from their spinal cord (an Avulsion).

The majority of babies with Erb's Palsy will recover completely and have no lasting damage. However, this condition can cause weakening, limited ranges of motion, as well as obvious difference between dominant and non-dominant arm. Treatment can include physical therapy to accelerate the healing process naturally and to help them achieve more movement and feel in their affected hand earlier.

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

The symptoms of erb's palsy include weakness or paralysis to varying extents--of the arm or shoulder. The good news is that the majority of children born with the condition are fully recovered, even though their condition is often permanent.

The brachial plexus system of nerves connects the neck (clavicle) and the torso to spinal cord, allowing motion, feeling, and support of the shoulder, arm, and hand. Pulling or stretching this nerve causes injury and causes erb's Palsy.

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

An EMG can be used to determine if you suffer from Erb's Palsy. The test is a way to determine the functioning of muscles and nerves. The doctor may also recommend an MRI or CT to capture images of the insides of your body. They can determine the cause of erb's spalsy that is present, including neuroma, an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched rather than torn away from the spine). Certain patients with erb's palsy require surgery, which involves splicing healthy nerves and grafting them.

What Can I Do to Determine if Medical Malpractices Caused My Child's Erb’s Palsy?

A child suffering from Erb's Palsy needs medical care. This treatment can be costly and take months or even years to complete. Medical malpractice lawsuits could help families pay for the cost of medical treatment.

Erb's syndrome is caused by damage to the upper nerves of the brachial plexus after the labor process, which can be difficult or long. In most cases, this type of injury is caused by stretching or traction of nerves in the shoulder during a difficult birth like one that involves a large baby or a mother who is petite.

To file a medical negligence lawsuit, the plaintiff must to demonstrate that the healthcare professional did not adhere to the standards of care appropriate for the role and position in the scenario. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals. Therefore, it is crucial to find an attorney who has experience in these kinds of cases. This gives you the best opportunity to prove that medical negligence caused your child's Erb palsy.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of the Erb's palsy case for your child will determine you'll be able to receive compensation. This is why it's important to speak with an experienced birth injury lawyer as soon as you suspect medical negligence.

A successful Erb's Palsy lawsuit could win you significant financial compensation to pay for current and future medical expenses for your child. This includes therapy, surgery as well as assistive devices and other things.

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

The majority of lawsuits involving Erb's palsy are settled out of court. This means that the defendant will pay a specific amount to settle your case without having to go to trial. If you're not able to reach an agreement with the defendant, your lawyer will prepare a trial by assembling evidence and Erb's palsy lawyer bringing in medical malpractice experts to support your claims. This includes medical records, evidence from witnesses and expert witness statements. Your lawyer will then argue your case before a judge and jury.

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

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

If the shoulder dystocia in your child was the result of a doctor's or hospital's negligence they could be responsible for the damage your child sustained. These damages could include the cost of your child's medical expenses as well as lost wages and pain and suffering.

An experienced Erb's Palsy lawyer will determine if your child's injury 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 typically pre-planned and avoidable. When medical professionals fail to take the proper precautions, they could be held liable for the injuries that result. A successful case could result in a substantial amount as well as lifetime medical treatment. An experienced Erb's palsy lawyer will ensure that you receive all the compensation that you deserve.