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Filing an Erb's Palsy Lawsuit

The filing of a lawsuit could award families financial compensation that can aid in paying for their child's medical treatment. It could also assist in holding medical professionals accountable for brachial plexus injuries that could have been prevented.

This case involves a child who developed Erb's syndrome due to complications in her birth. She was born breech and suffered shoulder dystocia. It occurs when the shoulders of a child become stuck during delivery. Her injury was caused by medical negligence.

What Causes Erb’s Palsy?

The brachial plexus is a network of nerves in the neck and shoulder that sends signals to muscles of the hands, arms, and fingers. Erb's Palsy is a condition that can occur when this system of nerves becomes damaged.

This type of condition is more frequent in difficult deliveries, long labours, and breech-births. In a difficult birth doctors may have to use force to push the baby through the vaginal tube. This could stretch the neck or head of the baby. This could result in an accident involving traction in which the nerves are stretched. If the force is too strong, it could cause a rupture, where nerves are pulled away from their spinal cord (an avulsion).

The majority of babies suffering from Erb’s Palsy will fully recover and will not sustain any permanent damage. However, this condition can cause weakness, a limited range of motion, and a obvious difference between dominant and non-dominant hands. Treatment can include physical therapy to accelerate the natural healing process and to aid in getting more movement and feel in their affected hand earlier.

How can I tell If My Child Is Having Erb's Palsy?

The signs of erb's syndrome are weakness or paralysis--to varying degrees--of the shoulder and arm. The good news is that most children with erb's syndrome have full recovery, but the condition is typically permanent.

The brachial plexus system of nerves connects the neck (clavicle) and the torso with the spinal cord, which allows motion, feeling, and support of the shoulder, arm, and hand. Stretching or pulling on this nerve can cause injury to the nerve and can result in erb's paralysis.

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

A doctor can diagnose erb's paralysis by conducting an EMG which determines how well nerves and muscles work. The doctor could also suggest an MRI, CT, or other imaging tests to obtain images of the interior of the body. They can determine the cause of erb's paralysis, such as neuroma, the avulsion or neuropraxia (neuropathy that develops when the nerve is stretched instead of tearing away from the spine). Certain patients suffering from erb's syndrome require surgery, which entails connecting healthy nerves, and then grafting them.

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

A child who suffers from Erb's palsy should seek medical attention. The treatment can be costly and may last for months or years. Medical malpractice lawsuits can help families pay the costs of care.

Erb's palsy is caused due to injuries to the upper nerves of the brachial system during the process of delivering a long or difficult. This type of injury is usually caused by stretching or traction of the nerves of the shoulder in a difficult labor, for example, when a large baby or petite woman is involved.

To file a medical malpractice case, the plaintiff must prove that the healthcare professional did not meet the standard of care for his or her job and position in the situation. Expert testimony is used to demonstrate this. Medical malpractice claims are based upon the actions of healthcare professionals, so it's important to choose a lawyer who has prior experience in these cases. This will give you the best chance to prove that the Erb's palsy of your child was caused by medical negligence.

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

The severity of your child's case will determine how much compensation you'll receive. This is why it's important to seek out a skilled birth injury lawyer when you suspect medical negligence.

If you win your Erb's Palsy case, you could receive significant financial compensation for current and future medical expenses for your child. This includes surgeries, therapy as well as assistive devices.

Some children's Erb palsy will heal itself with time, but others may require surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the situation you may be entitled to more substantial damages.

Most Erb's palsy lawsuits settle out of court, which means the defendant will pay you a set amount to resolve your dispute without going to trial. If you're not able to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and hiring experts in erb's palsy attorneys cases to prove your claims of medical malpractice. This includes medical records and testimony from experts. Your lawyer will then argue your case before jurors and judges.

What can an Erb's Palsy Lawyer Help Me?

Many parents seek out a lawyer after a child suffers a birth injury. These injuries could be through medical malpractice by doctors or other hospital staff. A qualified attorney for Erb's palsy can assist you in determining whether your child's injury was caused by negligence and will help you navigate the legal procedure.

If your child's shoulder dystocia occurred due to a medical professional or hospital's negligence and/or negligence, they could be held accountable for the damages your child sustained. These damages include reimbursement for medical bills, lost wages and discomfort and pain.

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

The conditions that cause shoulder dystocia can be easily preventable and foreseeable. If medical experts fail to take the appropriate precautions, they could be held responsible for any injuries that result. A successful lawsuit could result in a substantial payout as well as lifetime medical care. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you're entitled to.