Filing an Erb's Palsy Lawsuit

A lawsuit can offer families financial compensation to pay for the treatment of their child. It can also help hold medical professionals responsible for preventable brachial plexus injuries.

This case involves a child who developed Erb's palsy due to complications during her delivery. She was born breech and suffered shoulder dystocia, which is when the shoulders of a child get stuck during birth. The injury was due to medical negligence.

What is the reason for Erb's Palsy?

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

This condition is more prevalent in difficult deliveries, prolonged labors, and breech births. In a difficult delivery doctors may have to force the baby out of the vaginal canal, and this could stretch the baby's neck or head. This could result in an accident of traction where nerves are stretched. If the force is too strong, it may cause a rupture in which the nerves are torn from their spinal cord (an Avulsion).

Most children suffering from Erb's Palsy recover fully and have no permanent damage, but this condition can leave them with weakening, a limited range of motion, and a noticeable difference between their dominant and the non-dominant hand. Physical therapy is an option to accelerate the healing process and help them feel better in their affected hand.

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

The symptoms of erb's palsy are weakness or paralysis--to varying extents--of the arm or shoulder. The good news is that a majority of children born with erb's palsy make full recoveries, although the condition is usually permanent.

The brachial nerve system connects the neck, (clavicle), and torso, with the spinal cord. This allows for movement as well as sensation and support for the arm, hand, and shoulder. The pulling or stretching of this nerve can cause injury to the nerve, resulting in erb's palsy.

This type of injury is often resulted from a difficult delivery, the use of force, a large baby, breech presentation and the length of the second stage labour.

A doctor can diagnose erb's palsy by performing an EMG which is a test to determine the extent to which nerves and muscles function. The doctor might also recommend an MRI, CT, or other imaging tests to obtain images of the inside of the body. They can determine if the erb's condition is an avulsion, a neuroma or a neuropraxia. This is a neuropathy that occurs when the nerve is stretched, instead of torn away from the spine. Some erb's palsy cases require surgery, which involves the splicing of healthy nerves and grafting them.

How Can I Tell If My Child's erb's palsy law firm Palsy was the result of medical malpractice?

A child with Erb's Palsy needs medical attention. The treatment may be costly and can last for months or even years. Medical malpractice lawsuits can assist families to pay for the cost of medical treatment.

Erb's palsy occurs when upper nerves in the brachialplexus become injured in a labor that is difficult. This type of injury is usually caused by stretching or traction of the shoulder's nerves during a difficult birth, like when a large baby or petite woman is involved.

To bring a medical negligence case, the plaintiff needs to establish that the healthcare provider didn't meet the standards of care that was appropriate to the job and position in the context. Expert testimony can be used to show this. Medical malpractice claims are based on the actions of healthcare providers, so it's important to hire a lawyer who has prior experience in these kinds of cases. This will give you the best chance of proving that 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 palsy case will determine the amount of compensation you will receive. This is why it's important to speak with an experienced birth injury lawyer when you suspect medical negligence.

A successful Erb's palsy lawsuit could result in significant financial compensation that will cover current and future medical costs for your child. This includes therapy, surgery as well as assistive devices and more.

Some children's Erb's palsy can heal on its own within time, but some may require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the situation you may be entitled to even more severe damages.

Most Erb's palsy lawsuits are settled without a trial and the defendant pays you a set amount to resolve your case 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 hiring experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness statements. Then, your lawyer will present your case in before jurors and a judge.

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

Many parents seek legal counsel after a child suffers a birth injury. These injuries could be because of medical malpractice committed by doctors or other hospital staff. A qualified Erb's palsy attorney can assist you in determining whether your child's injury was caused by malpractice and help you navigate the legal process.

If your child's shoulder dystocia occurred due to a doctor or hospital's negligence or carelessness, they could be accountable for your child's injuries. These damages can include compensation for the medical bills of your child or lost wages, as well as pain and suffering.

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

The conditions that can cause shoulder dystocia are usually predictable and can be prevented. If medical professionals fail to make the appropriate precautions, they could be held responsible for the injuries that result. A successful case could result in a substantial amount and a lifetime of medical care. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you deserve.