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Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families with an amount of money that could aid in the payment of their child's medical treatment. It is also a way to hold 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 during her delivery. She had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during delivery). Her injury was the result of medical negligence.

What is the reason for Erb's Palsy?

The brachialplexus nerve system is located in the shoulder and neck which transmits signals to muscles in the hands, fingers and arms. Erb's Palsy can occur when this system of nerves is damaged.

This is a common occurrence during difficult delivery, prolonged labors and Breech births. In difficult births doctors may have to use force to push the baby through the vaginal tube. This could stretch the neck or head of the infant. This could cause an injury from traction where the nerves are stretched. If the force is too strong, it could cause a rupture where nerves are ripped from their spinal cord (an Avulsion).

The majority of children with Erb's Palsy will recover completely and do not sustain any permanent damage. However, this condition can cause weakness, limited ranges of motion, as well as noticeable differences between the dominant and non-dominant hands. Treatment options include physical therapy to accelerate the natural healing process and to assist them in achieving more movement and feel in their affected hand faster.

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

The symptoms of erb's palsy are paralysis or weakness to various extents--of the arm or shoulder. The positive side is that the majority of children with erb's syndrome make full recoveries, although their condition can be permanent.

The brachial nerve connects the neck (clavicle) and torso to the spinal cord. This allows movement, sensation, and support for the arm, hand, and shoulder. The pulling or stretching of this nerve can cause damage and causes erb's Palsy.

This type of injury is typically resulted from a difficult delivery and force and a baby that is large present, breech and a long second stage of labour.

A doctor can diagnose erb's systole by performing an EMG which determines the extent to which nerves and muscles work. The doctor can also order an MRI or CT to capture images of the insides of the body. They can determine the type of erb's spalsy that is present, including neuroma, an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Some patients with erb's paralysis require surgery, which includes splicing healthy nerves and grafting them.

How Can I Tell What to Do If My Child's Erb's Syndrome was the result of medical malpractice?

A child suffering from Erb's palsy needs to seek medical treatment. The treatment can be costly, and it may last for months or years. Medical malpractice lawsuits could help families pay for the cost of treatment.

Erb's palsy occurs when the upper nerves of the brachialplexus are damaged in a labor that is difficult. This type of injury is usually caused by traction or stretching the shoulder's nerves during a difficult delivery, such as when a large baby or petite woman is involved.

To be able to file a medical malpractice claim the plaintiff must show that the healthcare professional failed to meet the standards of care for the position and circumstance. Expert testimony is used to demonstrate this. Medical malpractice claims are based on the actions of healthcare professionals, so it is essential to employ an attorney with expertise in these types of cases. This gives you the best chance to prove that negligence in the medical field caused your child's Erb palsy.

How much do Erb's Palsy verdicts worth?

The severity of your child's Erb's palsy case will determine the amount of you'll receive in compensation. It is essential to talk to an attorney for birth injuries immediately if you suspect medical negligence.

If you are successful in your Erb's palsy lawsuit you could get significant financial compensation for current and future medical expenses for your child. This includes surgery, therapy assistive devices, more.

Some children's Erb's syndrome can heal on its own within time, however others may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the case, you may be entitled to more substantial damages.

Most Erb's Palsy lawsuits are settled out of court. This means that the defendant has to pay a specific amount to settle your claim without needing to go to trial. However, if you are unable to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and bringing in experts in cases involving Erb's palsy to back up your claims of medical malpractice. This includes medical records, evidence from witnesses and expert witness testimony. Your lawyer will then argue your case to the jury and a judge.

What can an Erb's Palsy lawyer assist me?

Many parents consult a lawyer after their child has suffered a birth injury. These injuries could be through medical malpractice by doctors or other hospital staff. A qualified Erb’s palsy lawyer will help you determine if the injury to your child was the result of medical malpractice and guide you through legal procedures.

If the shoulder dystocia in your child was the result of a doctor's or hospital's negligence they could be accountable for the damages your child suffered. These damages could include compensation for medical bills, lost wages and pain and discomfort.

A reputable Erb's palsy lawyer will determine if the injury suffered by your child was caused by medical malpractice. Then, Erb's Palsy Lawsuits you can build a solid case on your behalf to hold the responsible party accountable for their actions.

Conditions that can lead to shoulder dystocia are usually predictable and preventable. When medical professionals fail to take the proper precautions, they may be held accountable for Erb's Palsy Lawsuits injuries that result. A successful lawsuit could result in a substantial amount and a lifetime of medical treatment. An experienced lawyer for Erb's palsy will ensure that you receive all the compensation you're entitled to.