Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It also helps hold medical professionals accountable for injuries to the brachial plexus that could be prevented.

This case involves a girl who was diagnosed with Erb's palsy due to complications during her delivery. She was born breech and shoulder dystocia (when the shoulders of a child become stuck during delivery). Her injury was caused by medical negligence.

What is the reason for Erb's Palsy?

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

This is more prevalent in difficult deliveries, long labors, and breech-births. In the event of a difficult birth, doctors may need to force the baby through the vaginal tube. This could cause stretching of the neck or head of the baby. This could result in an accident that causes traction, where nerves get stretched. If the force is too high it can lead to ruptures in which nerves are torn away from their spinal cord.

Most children suffering from Erb's Palsy recover fully and have no permanent harm, but this condition can cause an inability to move, a restricted range of motion and a noticeable distinction between their dominant arm and non-dominant arm. Physical therapy is a way to speed up the healing process and help them feel better in their hand that is affected.

How Do I Know If My Child Is Having Erb's Palsy?

The symptoms of Erb's Palsy are paralysis or weakness to varying degrees, within the arm and shoulder. The good news is that most children suffering from erb's syndrome recover completely despite the fact that their condition is usually permanent.

The brachial plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, which allows motion, feeling, and support of the shoulder, arm, and hand. The nerve can be injured by pulling or stretching it.

This type of injury is typically caused by a difficult labour using force and a baby that is large, breech presentation and the long second stage of labour.

An EMG can be used to diagnose Erb's Palsy. This test measures the performance of muscles and nerves. The doctor might also recommend an MRI, CT, or other imaging tests to obtain images of the inside of the body. They can determine the type of erb's palsy like neuroma, the avulsion or neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Certain patients with erb's palsy require surgery, which entails connecting healthy nerves, and then grafting them.

How Do I Find Out If My Child's Erb's Palsy was the result of medical malpractice?

A child who is suffering from Erb's palsy needs to seek medical treatment. This treatment can be expensive and last for months or even years. Medical malpractice lawsuits can help families cover the cost of these services.

Erb's Palsy happens by the fact that the upper nerves of brachialplexus get injured during a difficult birth. This kind of injury is typically caused by traction or stretching the nerves of the shoulder during a difficult delivery like when a big baby or petite woman is involved.

To bring a medical negligence case, the plaintiff needs to show that the healthcare professional did not adhere to the standards of care that was appropriate for the role and position in the context. Expert evidence is used to show this. Medical malpractice claims are based on the actions of healthcare professionals, therefore it is important to hire an attorney with experience in these cases. This will give you the best chance to prove that your child's Erb's Palsy was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of the Erb's palsy case for your child will determine how you'll receive compensation. It's important to consult an attorney for birth injuries as soon as possible if you suspect medical negligence.

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

Some children's Erb palsy can heal on its own over time, but other children may require surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the case, you may be entitled to even more substantial damages.

Most Erb's palsy lawsuits settle out of court which means that the defendant will pay you a set amount to resolve your claim without going to trial. But if you're unable to reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's palsy cases to prove your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness testimony. Then, your lawyer will present your case in before jurors and a judge.

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

Many parents consult a lawyer after a child suffers a birth injury. These injuries can be caused by medical negligence by doctors or other hospital personnel. A qualified Erb's palsy attorney can help you determine whether your child's injury was caused by negligence and will help you navigate the legal process.

If the shoulder dystocia you have observed in your child was caused by negligence of a doctor or hospital they could be responsible for your child’s damages. These damages could include reimbursement for medical bills, lost wages and discomfort and pain.

An experienced Erb's Palsy lawyer will determine if your child's injury resulted from medical malpractice, and then construct a solid case on your behalf to hold the accountable party accountable for their actions.

Conditions that can lead to shoulder dystocia are usually predictable and treatable. If medical professionals fail follow the proper precautions, they may be held responsible for the injuries that result. A successful claim could result in a substantial amount as well as a lifetime of medical care. An experienced Erb's palsy lawyer will ensure that you receive the compensation that you deserve.