Filing an Erb's Palsy Lawsuit
A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It is also a way to hold medical professionals accountable for injuries to the brachial plexus which could have been avoided.
This case concerns a young girl who developed Erb’s palsy because of complications during her birth. She was born breech, and also suffered from shoulder dystocia, which is when the shoulders of a child become stuck during the delivery. The injury was by medical negligence.
What is the reason for Erb's Palsy?
The brachial plexus is a network of nerves in the neck and shoulder which transmits signals to muscles of the arms, hands, and fingers. Erb's Palsy can occur when this nerve system gets damaged.
This condition is most common in difficult deliveries, long labors, and the births that are breech. In a difficult birth doctors may need to exert force to get the baby out of the vaginal canal and this could stretch the baby's neck or head. This can lead to an accident that causes traction, where nerves are stretched. If the force is too high, it can cause ruptures in which nerves are ripped away from their spinal cord.
The majority of babies with Erb's Palsy will fully recover and not suffer any lasting damage. However it can cause limitations in range of motion, and a distinct difference between the dominant and non-dominant arms. Treatment can include physical therapy to accelerate the healing process naturally and help them attain better movement and sensation in their affected hand faster.
How Can I Tell If My Child is Having Erb's Palsy?
The symptoms of erb's paralysis are paralysis or weakness to various degrees in the arm and shoulder. The good news is that most children born with erb's syndrome are fully recovered, even though their condition can be permanent.
The brachial system of nerves connects the neck (clavicle) and the torso with the spinal cord, which allows movement, feeling and support of the arm, shoulder, and hand. The pulling or stretching of this nerve causes injury and can result in erb's paralysis.
Involvement in difficult delivery and the use of force during childbirth, large baby size, breech appearance, and a long second stage of labor are all common risk factors for this type of injury.
An EMG can be used to identify Erb's-Pallsy. The test is a way to determine the function of muscles and nerves. The doctor may also request an MRI or CT to capture images of the insides of your body. They can determine the cause of erb's paralysis such as neuroma avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of tearing away from the spine). Certain patients suffering from erb's syndrome require surgery, which requires splicing healthy nerves and grafting them.
How Do I Know What to Do If My Child's Erb's Syndrome Was Caused by Medical Malpractice?
A child suffering from Erb's Palsy should seek medical attention. The treatment may be costly and last for many months or even years. Medical malpractice lawsuits can help families cover the cost of this care.
Erb's Palsy is caused when upper nerves in the brachialplexus are damaged in a labor that is difficult. Most of the time this kind of injury results from stretching or traction of the nerves in the shoulder area during difficult births like one which involves a large infant or a small mother.
In order to start a medical negligence case the plaintiff must show that the healthcare professional failed to meet the standard of medical care for the position and incident. This is accomplished through expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals. Therefore, it is important to hire an attorney who has experience in these types of cases. This will give you the best chance of proving that the Erb's palsy of your child was the result of medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The extent of your child's Erb's Palsy case will determine how much compensation you will receive. This is the reason it's so important to consult an experienced birth injury lawyer as soon as you suspect medical negligence.
If you are successful in your Erb's Palsy case you could be awarded substantial financial compensation for current and future medical expenses for your child. This includes therapies, surgeries aidive devices, surgeries and more.
Some children's Erb palsy can heal on its own over time, but others may require surgery to repair tears or avulsions of the brachial nerves. If this is the situation you may be entitled to greater damages.
The majority of lawsuits involving Erb's Palsy settle without a trial that is, the defendant will pay you a certain amount to settle your dispute without going to trial. If you're not able to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and bringing in experts in Erb's palsy cases to back up your claims of medical malpractice. This includes medical records as well as reports from experts. erb's palsy attorney birmingham will present your case front of an impartial jury and judge.
How can an Erb's Palsy lawyer assist me?
Many parents consult a lawyer after their child has suffered a birth injury. These injuries can result from medical malpractice by doctors and other hospital staff. A qualified Erb's Palsy lawyer will help you determine if the injury to your child was caused by medical negligence and help you navigate legal procedures.
If your child's shoulder dystocia was due to a doctor or hospital's negligence the hospital or doctor could be responsible for the injuries suffered by your child. These damages could include the cost of medical bills as well as lost wages, discomfort and pain.
A good Erb’s palsy lawyer will determine if the injury to your child was the result of medical malpractice, and develop a case on your behalf to hold the accountable parties accountable for their actions.
The conditions that cause shoulder dystocia can be pre-planned and avoidable. If medical professionals fail follow the proper precautions, they could be held liable for the injuries that result. A successful case could result in a substantial amount and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation you're entitled to.