Filing an Erb's Palsy Lawsuit
In the event of a lawsuit, it can award families money to aid in the payment of their child's medical treatment. It also helps hold medical professionals accountable for injuries to the brachial system that could be prevented.
This case concerns a girl who developed Erb's palsy due to complications during her delivery. She was born breech and shoulder dystocia (when the shoulders of a child become stuck during the delivery). Her injury was caused due to medical negligence.
What Causes
Erb's Palsy?
The brachialplexus nerve system is located in the neck and shoulder that transmits signals to muscles in the hands, fingers, and arms. If this nerve system is damaged, an infant is susceptible to developing Erb's Palsy.
This type of condition is common during difficult delivery, prolonged labors, and breech births. In a difficult delivery, doctors may have to apply pressure to push the baby out of the vaginal canal which can cause stretching of the baby's neck or head. This can lead to a traction accident where the nerves are stretched. If the force is too strong, it can cause a rupture where nerves are separated from their spinal cord (an avulsion).
Most babies with Erb's Palsy recover completely and have no permanent damage, however this condition can leave them with weakening, a limited range of motion and a noticeable distinction between their dominant and the arm that is not dominant. Physical therapy can be used to speed up the healing process and help them feel better in their hand that is affected.
How Do 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 get full recovery, though their condition is often permanent.
The brachial nerve connects the neck (clavicle) and torso with the spinal cord. This allows movement as well as sensation and support for the arm, hand and shoulder. Stretching or pulling on this nerve causes injury, resulting in erb's palsy.
This type of injury is typically caused by a difficult delivery, the use of force as well as a big baby present, breech and an extended second stage of labour.
A doctor can diagnose erb's palsy by conducting an EMG which determines how well nerves and muscles work. The doctor
Erb's palsy might also recommend an MRI, CT, or other imaging test to get images of the insides of the body. They can identify the type of erb's palsy like neuroma, Avulsion, or Neuropraxia (neuropathy that develops when the nerve is stretched instead of torn away from the spine). Some erb's palsy cases require surgery that involves the splicing of healthy nerves and grafting them.
How Can I Tell If My Child's Erb's Palsy Was the result of a medical error?
A child with Erb's Palsy needs medical care. The treatment may be costly and can last for months or even years. Medical malpractice lawsuits can assist families in paying for the cost of medical treatment.
Erb's palsy occurs when upper nerves in the brachialplexus are injured during a difficult birth. Most often this kind of injury is caused by traction or stretching of the nerves in the shoulder area during difficult births, such as one that involves a large infant or a petite mother.
In order to be able to file a medical malpractice claim the plaintiff must demonstrate that the healthcare professional did not meet the standards of care for his or her position and role in the situation. Expert testimony can be used to prove this. Medical malpractice claims are based on the actions of healthcare professionals which is why it's crucial to choose a lawyer who has experience in these kinds of cases. This will give you the best chance to prove that your child's Erb's palsy 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 why it's crucial to seek out a skilled birth injury lawyer when you suspect medical negligence.
A successful Erb's palsy lawsuit could earn you significant financial compensation to pay for current and future medical expenses for your child. This includes therapy, surgery aidive devices, surgery, and more.
Some children's Erb's palsy is able to heal itself on its own over time, but some may require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the case, you could be entitled to even more serious damages.
Most Erb's palsy lawsuits settle without a trial that is, the defendant pays you a set amount to resolve your case without going to trial. However, if you are unable 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 prove your claim of medical malpractice. This includes medical records and reports from experts. Your lawyer will then argue your case to a judge and jury.
How Can Erb's Palsy Lawyer Can I Benefit from an
Erb's Palsy Lawyer?
Many parents contact a lawyer when their child suffers a birth injury. These injuries can occur because of medical malpractice committed by doctors or other hospital personnel. A qualified
Erb's palsy attorney will assist you in understanding whether your child's injury was caused by negligence and will guide you through the legal procedure.
If your child's shoulder dystocia occurred due to a doctor's or hospital's negligence and/or negligence, they could be held accountable for the injuries suffered by your child. These damages may include compensation for medical bills and lost wages as well as pain and discomfort.
A good Erb's palsy attorney will determine if the child's injury resulted from medical negligence and then create an effective case on your behalf to hold the accountable party accountable for their actions.
Conditions that can lead to shoulder dystocia often are predictable and can be prevented. When medical professionals fail to make the appropriate precautions, they could be held accountable for the injuries that result. A successful lawsuit could result in a substantial amount and lifetime medical care. An experienced Erb's palsy lawyer will ensure that you receive the compensation that you deserve.