Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with an amount of money to pay for the treatment of their child. It can also help hold medical professionals responsible for brachial plexus injuries that could have been prevented.

This case involves a small girl who developed Erb’s palsy due to complications during her birth. She was born breech and shoulder dystocia (when the baby's shoulders become stuck during the 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 sends signals to muscles in the hands, fingers and arms. When this system of nerves is damaged, a baby can develop Erb's Palsy.

This type of condition is more frequent during difficult births, long labours, and breech births. In a difficult delivery doctors may need to exert force to get the baby out of the vaginal canal, and this can stretch the baby's neck or head. This could result in an accident of traction where nerves get stretched. If the force is excessively strong, it could cause a rupture in which nerves are ripped from their spinal cord (an avulsion).

The majority of babies suffering from Erb's Palsy will recover completely and have no lasting damage. However, this condition can cause weakening, limited ranges of motion, and obvious difference between dominant and non-dominant hand. Physical therapy is an option to accelerate the healing process and make patients feel better in their hand that is affected.

How do I tell if My Child Has Erb’s Palsy?

The symptoms of Erb's palsy include paralysis or weakness to varying degrees, within the shoulder and arm. The good news is that a majority of children born with erb's syndrome get full recovery, though their condition is often permanent.

The brachial nervous system connects the neck, (clavicle) and torso with the spinal cord. This allows for movement, sensation, and support of the arm, hand and shoulder. This nerve can be injured by pulling or stretching it.

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

An EMG can be used to diagnose Erb's palsy. The test is a way to determine the activity of muscles as well as nerves. The doctor may also order an MRI, CT, or other imaging tests to get images of the insides of the body. They can determine the cause of erb's syndrome that is present, including neuroma, avulsion, or neuropraxia (neuropathy that develops when the nerve is stretched instead of being torn away from the spine). Some erb’s palsy patients require surgery, which entails cutting healthy nerves and then grafting them.

What Can I Do to Determine if Medical malpractice caused my child's Erb's Palsy?

A child who is suffering from Erb's palsy should seek medical treatment. The treatment may be costly and can last for months or even years. Medical malpractice lawsuits could help families pay for the cost of medical treatment.

Erb's Palsy is caused when upper nerves in the brachialplexus become injured during a difficult labor. This type of injury is typically caused by stretching or traction of the shoulder's nerves during a difficult delivery for example, when a large baby or a small woman is involved.

To bring a medical negligence case, the plaintiff needs to show that the healthcare professional did not meet the standard of care appropriate to the job and position in the scenario. This is accomplished through expert testimony. Medical malpractice claims are based on actions of healthcare professionals, which is why it is crucial to find an attorney who has experience in these types of cases. This will give you the best opportunity to prove that medical negligence caused your child's Erb palsy.

How much are Erb's Palsy verdicts worth?

The severity of the Erb's -Plasy case for your child will determine much you receive in compensation. This is why it's crucial to consult an experienced birth injury attorney immediately if you suspect medical negligence.

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

Some children's Erb palsy can heal on its own as time passes, but other children may need surgery to repair tears or avulsions of the brachial nerves. If this is the case, you could be entitled to additional significant damages.

Most Erb's palsy lawsuits settle out of court that is, the defendant will pay you a certain amount to settle your dispute without going to trial. But if you're unable to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and bringing in experts in the Erb's Palsy cases to support your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will then argue your case before an impartial jury and judge.

How can an Erb's Palsy lawyer help me?

Many parents seek legal advice when their child is injured during birth. These injuries can occur by medical negligence doctors or other hospital personnel. A qualified Erb's palsy lawyer can assist you in determining if the injury suffered by your child was the result of medical negligence and help you navigate legal proceedings.

If the shoulder dystocia in your child was the result of negligence of a doctor or hospital they could be accountable for the damages your child suffered. These damages could include compensation for medical bills or lost wages, as well as pain and discomfort.

A good Erb's palsy attorney will determine if your child's injury resulted from medical malpractice and then build an effective case on your behalf to hold the responsible party accountable for their actions.

Conditions that may cause shoulder dystocia often are predictable and can be prevented. If medical professionals fail take the proper precautions, they may be held accountable for injuries that result. A successful case could result in a significant award and lifetime medical care. A knowledgeable lawyer from Erb's Palsy will ensure that you receive all the compensation you're entitled to.