Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to pay for the treatment of their child. It is also a way to hold medical professionals accountable for injuries to the brachial-plexus that could have been avoided.

This case involves a small girl who developed Erb’s palsy due to complications during her birth. She was born breech and had shoulder dystocia. It occurs when the shoulders of a child get stuck during 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 shoulder and neck that sends signals to the muscles in the arms, hands, and fingers. Erb's Palsy can develop when this system of nerves becomes damaged.

This type of condition is more frequent in difficult deliveries, prolonged labours, and breech births. In a difficult birth doctors may need to use force to pull the baby out of the vaginal canal, and this could stretch the baby's neck or head. This could result in an injury to the traction nerves are stretched. If the force is too strong, it could cause a rupture, where nerves are separated from their spinal cord (an avulsion).

The majority of children with Erb's Palsy recover completely and have no permanent injuries, but this condition can leave them with limitations in range of motion, and a noticeable difference between their dominant and their non-dominant arm. Treatment can include physical therapy to accelerate the healing process naturally and to help them achieve better movement and sensation in their affected hand quicker.

How Do I Know if My Child Has Erb's Palsy?

The symptoms of erb's paralysis are paralysis or weakness to various degrees--of the shoulder and arm. The good news is that the majority of children born with the condition 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 as well as sensation and support for the hand, arm, and shoulder. Stretching or pulling on this nerve causes injury which can cause erb's palsy.

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

A doctor can diagnose erb's systole by performing an EMG, which measures how well nerves and muscles function. The doctor may also request an MRI or CT to capture pictures of the insides of the body. They can determine if the erb's are an avulsion, a nerve or a neuropraxia, which is a form of neuropathy that develops when the nerve is stretched, rather than ripped from the spine. Some cases of erb's syndrome require surgery that involves splicing and grafting healthy nerves.

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

A child who suffers from Erb's 'Palsy' requires medical attention. The treatment can be expensive and last for months or even years. Medical malpractice lawsuits can help families cover the costs of care.

Erb's palsy is caused by injuries to the upper nerves of the brachial plexus during the labor process, which can be difficult or long. This kind of injury is usually caused by stretching or traction of the nerves of the shoulder in a difficult labor, such as when a large baby or a petite woman is involved.

To file a medical malpractice case the plaintiff must show that the healthcare professional did not meet the standards of care for the job and position in the situation. This is done through expert testimony. Medical malpractice claims are based on the actions of healthcare providers which is why it's crucial to find a lawyer that has years of experience handling these types of cases. This will give you the best chance of proving your child's Erb's Palsy was the result of medical negligence.

What is the value of Erb's Palsy Case Verdicts Worth?

The extent of your child's Erb's syndrome case will determine the amount of compensation you receive. It's important to consult an attorney for birth injuries as soon as possible if you suspect medical malpractice.

If you are successful in your erb's palsy attorneys palsy lawsuit, you could receive significant financial compensation for current and future medical expenses for your child. This includes physiotherapy, surgery as well as assistive devices and many more.

Some children's Erb's syndrome will heal 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 without a trial, which means the defendant pays you an amount set to settle your dispute without having to go to trial. If you're not able to reach a settlement with the defendant, then your lawyer will prepare a trial by gathering evidence and 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 to jurors and judges.

How Can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal advice when their child is injured during birth. These injuries can be caused by medical negligence by doctors and other hospital personnel. A qualified attorney for Erb's palsy 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 was due to a doctor's or hospital's negligence, they could be liable for the injuries suffered by your child. These damages include the cost of medical bills, lost wages and pain and discomfort.

A reputable Erb's palsy lawyer will determine if the child's injury resulted from medical malpractice, and then construct a strong case on your behalf to hold the responsible party accountable for their actions.

The conditions that cause shoulder dystocia are typically predictable and preventable. If medical professionals fail make the appropriate precautions, they can be held accountable for injuries that result. A successful claim can lead to a substantial award and lifelong medical care. A lawyer with experience in the field of Erb's palsy will make sure that you receive the amount you are entitled to.