Filing an Erb's Palsy Lawsuit
A lawsuit filed in court can provide families with financial compensation that can help pay for their child's treatment. It can also help to hold medical professionals accountable for preventable brachial plexus injuries.
This case involves a little girl who was diagnosed with
Erb's Palsy due to complications that occurred during her birth. She had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during the delivery). Her injury was by medical negligence.
What Causes
erb's palsy lawyers Palsy?
The brachial plexus is a system of nerves in the neck and shoulder which transmits signals to muscles of the hands, arms and fingers. When this system of nerves is damaged, an infant can experience Erb's Palsy.
This condition is more prevalent when there are difficult births, lengthy labours, and breech births. In a difficult birth, doctors may have to use force to pull the baby out of the vaginal canal, and this could stretch the baby's neck or head. This can cause an injury from traction where the nerves are stretched. If the force is too strong, it could cause a rupture in which nerves are separated from their spinal cord (an avulsion).
Most babies with Erb's Palsy recover completely and suffer no permanent harm, but this condition can cause limitations in range of motion and a distinct difference between their dominant and the non-dominant hand. Physical therapy can be utilized to speed up the healing process and help to improve the condition of their hand that is affected.
How do I tell If My Child Is Having Erb's Palsy?
The symptoms of erb's paralysis include weakness or paralysis to varying extents--of the arm or shoulder. The good news is that many children with erb’s palsy recover completely, even though the condition is usually permanent.
The brachial system of nerves connects the neck (clavicle) and the torso to the spinal cord, enabling motion,
erb's palsy lawsuits feeling, and support of the shoulder, arm and hand. The pulling or stretching of this nerve can cause damage and can result in erb's paralysis.
Difficult delivery and the use of force during childbirth, the large baby size, breech appearance, and long second stage of labor are common risk factors for this kind of injury.
An EMG can be used to diagnose Erb's Palsy. The test evaluates the performance of muscles and nerves. The doctor might also recommend an MRI, CT, or other imaging tests to obtain images of the insides of the body. They can determine if the erb's are an avulsion or aneurism or a neuropraxia, which is a neuropathy that occurs when the nerve is stretched rather than torn from the spine. Certain cases of erb's paralysis require surgery that involves cutting and grafting healthy nerves.
How Do I Determine If Medical malpractice has caused my child's Erb's Palsy?
A child with Erb's palsy should seek medical treatment. The treatment can be expensive and can last for
Erb's Palsy lawsuits a number of months or even years. Medical malpractice lawsuits could help families cover the costs of treatment.
Erb's palsy occurs when the upper nerves of the brachialplexus are damaged during a difficult labor. In most cases, this type of injury results from traction or stretching of the nerves in the shoulder area during a difficult birth, such as one which involves a big infant or a petite mother.
To start a medical negligence case, the plaintiff must prove that the healthcare professional did not meet the standard of medical care for the position and incident. This is done through expert testimony. Medical malpractice claims are based on the actions of healthcare professionals. Therefore, it is crucial to find an attorney with expertise in these types of cases. This will give you the best chance to prove that your child's Erb's Palsy was caused by medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The severity of the Erb's palsy case for your child will determine how you'll receive compensation. It is important to speak with a birth injury lawyer whenever you suspect medical malpractice.
A successful Erb's palsy lawsuit could earn you significant financial compensation that will cover current and future medical costs for your child. This includes surgeries, therapy as well as assistive devices.
Certain children's Erb's Palsy is able to heal itself on its own over time, however others may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the situation, you may be entitled to more severe damages.
Most
Erb's Palsy lawsuits are settled outside of court. This means that the defendant has to pay a set amount to settle your claim without the need to go to trial. If you're unable to reach an agreement with the defendant, then your lawyer will prepare a trial by assembling evidence and hiring medical malpractice experts to prove your claims. This includes medical records as well as reports from experts. Your lawyer will then present your case to the jury and a judge.
How Can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?
Many parents seek legal counsel when their child suffers a birth injury. These injuries can be caused through medical malpractice by doctors or other hospital staff. 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 due to a doctor's or hospital's negligence, they could be liable for your child's injuries. These damages may include compensation for the medical bills of your child or lost wages, as well as pain and suffering.
An experienced Erb's Palsy lawyer will determine if the injury suffered by your child was caused by medical negligence and then create a strong case on your behalf to hold the person responsible accountable for their actions.
Conditions that can lead to shoulder dystocia often are predictable and can be prevented. If medical professionals fail to take the proper precautions, they may be held accountable for any injuries that occur as a result. A successful case could result in a substantial amount and a lifetime of medical care. An experienced lawyer for Erb's palsy will ensure that you receive the compensation you are entitled to.