Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families financial compensation that can help pay for their child's treatment. It can also help to hold medical professionals responsible for brachial plexus injuries that could have been prevented.

This case involves a girl who developed Erb's palsy due to complications during her delivery. She was born breech and suffered from shoulder dystocia. It occurs when the shoulders of a child get stuck during birth. Her injury was the result of medical negligence.

What is the cause of Erb's Palsy?

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

This condition is most common when there are difficult births, long labors, and the births that are breech. In difficult births, doctors may need to use force to push the baby through the vaginal tube. This may stretch the neck or head of the infant. This can result in an accident that causes traction, where nerves get stretched. If the force is too strong, it could cause a rupture where nerves are ripped from their spinal cord (an avulsion).

Most children suffering from Erb's Palsy recover completely and suffer no permanent damage, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant and their non-dominant arm. Physical therapy is a way to accelerate the healing process and help patients feel better in their affected hand.

How Can I Tell If My Child is Having Erb's Palsy?

The symptoms of erb's palsy include 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 have full recovery, but the condition is usually permanent.

The brachial nervous system connects the neck (clavicle), and torso with the spinal cord. This allows movement, sensation, and support for the arm, hand and shoulder. Stretching or pulling on this nerve causes injury, resulting in erb's palsy.

This kind of injury can be caused by a difficult delivery or force or a large baby or breech delivery, and the long second stage of labour.

A doctor can diagnose erb's palsy by conducting an EMG which determines how well nerves and muscles function. The doctor may also order an MRI, CT, or other imaging test to get pictures of the inside 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). Some erb's palsy cases require surgery that involves the splicing and grafting of healthy nerves.

How Do I Know If My Child's Erb's Palsy Was Caused by Medical Malpractice?

A child with Erb's Palsy should seek medical attention. This treatment can be costly and may take months or even years to complete. Medical malpractice lawsuits may help families cover the costs of medical treatment.

Erb's Palsy is caused when upper nerves in the brachialplexus are damaged during a difficult birth. In most cases, this type of injury results from stretching or traction of the muscles in the shoulder during difficult births like one that involves a large baby or a petite mother.

To file a medical negligence case, the plaintiff needs to prove that the healthcare professional didn't meet the standards of care that was appropriate to his or her role and position within the scenario. This is done by using expert testimony. Medical malpractice claims are based on the actions of healthcare providers and therefore it is essential to hire a lawyer who has experience in these cases. This will give you the most effective chance of proving your child's Erb's palsy was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's palsy case will determine how much compensation you will receive. This is why it's important to consult an experienced birth injury lawyer when you suspect medical negligence.

A successful Erb's palsy lawsuit could award you substantial financial compensation to cover current and future medical expenses for your child. This includes physiotherapy, Erb's Palsy surgery as well as assistive devices and more.

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

Most Erb's palsy lawsuits settle without a trial which means that the defendant will pay an amount set to settle your dispute without having to go to trial. If you're not able 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 and testimony from experts. Your lawyer will then present your case to the jury and a judge.

What Can an erb's palsy law firm Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal advice when their child has suffered birth injuries. These injuries could be by medical negligence doctors or other hospital staff. A qualified Erb's palsy attorney can help you determine the possibility that your child's injuries were due to malpractice and guide you through the legal process.

If your child's shoulder dystocia was due to a doctor or hospital's negligence, they could be liable for the damages your child sustained. These damages may include compensation for your child's medical expenses, lost wages, and pain and suffering.

A good Erb's palsy attorney will determine if your child's injury was caused by 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 can be predicted and can be prevented. If medical professionals fail to make the appropriate precautions, they may be held accountable for the injuries that result. A successful lawsuit could result in a substantial settlement and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you deserve.