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Filing an Erb's Palsy Lawsuit

A lawsuit can offer families an amount of money to pay for the treatment of their child. It could also assist in holding medical professionals responsible for injuries to the brachial system that could be prevented.

This case involves a young girl who was diagnosed with Erb's Palsy because of complications during her birth. She had a breech birth and shoulder dystocia (when the child's shoulders become stuck during the delivery). Her injury was the result of medical negligence.

What Causes Erb’s Palsy?

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

This type of condition is common during difficult deliveries, prolonged labors, and the births that are breech. In a difficult birth doctors may have to force the baby through the vaginal tube. This could stretch the neck or head of the infant. This could result in an accident of traction where nerves are stretched. If the force is too great, it can cause a rupture in which the nerves are cut off from their spinal cord.

The majority of children with Erb's Palsy will recover completely and have no lasting damage. However this condition can lead to weakness, a limited range of motion, as well as noticeable difference between the dominant and non-dominant arms. Treatment can include physical therapy to accelerate the healing process naturally and to help them achieve greater range of motion and feel in their affected hand faster.

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

The symptoms of erb's spalsy are weakness or paralysis--to varying degrees in the arm and shoulder. The good news is that most children born with the condition have full recovery, but their condition can be permanent.

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

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

A doctor can diagnose erb's paralysis by performing an EMG which is a test to determine the extent to which nerves and muscles work. The doctor could also suggest an MRI, CT, or other imaging tests to get images of the insides of the body. They can determine if the erb's is an avulsion, a neuroma or neuropraxia, which is an autoimmune condition that occurs when the nerve is stretched rather than ripped from the spine. Some erb’s palsy patients require surgery, which involves connecting healthy nerves, and then grafting them.

How can I tell if Medical Malpractices Caused My Child's Erb's Palsy?

A child suffering from Erb's Palsy must seek medical attention. The treatment may be costly and can take months or even years to complete. Medical malpractice lawsuits may help families pay the costs of care.

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

To file a medical negligence case, the plaintiff needs to demonstrate that the healthcare professional did not adhere to the standards of care appropriate for the role and position in the situation. This is done through expert testimony. Medical malpractice claims are based upon the actions of healthcare providers, so it's important to choose a lawyer who has expertise in 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's the value of Erb's Palsy verdicts worth?

The extent of your child's Erb's Palsy case will determine the amount of you'll receive in compensation. This is why it's important to speak with a seasoned birth injury attorney immediately if you suspect medical negligence.

If you prevail in your Erb's palsy lawsuit you could be awarded substantial financial compensation for current and future medical expenses for your child. This includes therapies, surgeries and assistive devices, among others.

Some children's Erb palsy will heal itself with time, but others may require surgery to repair tears or avulsions of the brachial nerves. If this is the case, you may be entitled to even more significant 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. If you're not able to reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and hiring experts in the Erb's Palsy cases to prove your claim of medical malpractice. This includes medical records and evidence from expert witnesses. Then, your lawyer will present your case in front of jurors and a judge.

How Can Erb's Palsy Lawyer Help Me?

Many parents seek legal advice when their child is injured during birth. These injuries may be through medical malpractice by doctors or other hospital personnel. A qualified Erb's palsy lawyer can help you determine if the injury suffered by your child was caused by medical negligence and assist you in legal procedures.

If your child's shoulder dystocia occurred caused by a doctor or hospital's negligence, they could be liable for the damages your child sustained. These damages can include compensation for the medical bills for your child along with lost wages, pain and suffering.

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

The conditions that can cause shoulder dystocia are usually predictable and treatable. If medical professionals fail to take necessary precautions, then they can be held responsible for any injuries resulting from. A successful case could result in a substantial amount and a lifetime of medical treatment. An experienced lawyer in the field of Erb's palsy will make sure that you receive the amount you are entitled to.