Filing an Erb's Palsy Lawsuit
A lawsuit can offer families financial compensation to pay for the treatment of their child. It is also a way to ensure that medical professionals are held accountable for injuries to the brachial plexus which could have been prevented.
This case involves a little girl who developed Erb's palsy because of complications during her birth. She was born breech 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 brachial plexus is a system of nerves in the neck and shoulder which transmits signals to muscles of the arms, hands, and fingers. Erb's Palsy may occur when this system of nerves becomes damaged.
This condition is prevalent during difficult delivery, prolonged labors and breech births. In a difficult delivery, doctors may have to use force to pull the baby out of the vaginal canal, and this can 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 can cause an injury where the nerves are torn away from their spinal cord.
The majority of babies suffering from Erb’s Palsy will fully recover and will not sustain any permanent damage. However the condition can cause limitations in range of motion, and a distinct difference between the dominant and non-dominant hands. Physical therapy can be used to speed up the healing process and help the patient feel better in their hand that is affected.
How Can I Tell If My Child has Erb's Palsy?
The signs of erb's syndrome include weakness or paralysis to varying degrees--of the shoulder and arm. The good news is most children suffering from erb's syndrome recover completely, even though the condition is typically permanent.
The brachial nerve system connects the neck (clavicle), and torso, with the spinal cord. This allows for movement as well as sensation and support of the arm, hand, and shoulder. Pulling or stretching this nerve can cause injury to the nerve, resulting in erb's palsy.
Involvement in difficult delivery and the use of force during childbirth, large baby size, breech presentation and a prolonged second stage of labor are all common risk factors for this kind of injury.
An EMG can be used to identify Erb's-Pallsy. This test measures the performance of muscles and nerves. The doctor can also order an MRI or CT to take pictures of the insides of the body. They can determine if the erb's problem is a neuroma, an avulsion or a neuropraxia, which is a type of neuropathy that manifests when nerves are stretched instead of torn away from the spine. Certain patients with erb's palsy require surgery, which involves the grafting of healthy nerves and splicing them.
How can I tell if Medical malpractice caused my child's Erb’s Palsy?
A child suffering from Erb's palsy must seek medical care. This treatment can be costly, and it may be a long time coming. Medical malpractice
lawsuits can assist families to pay for the cost of medical treatment.
Erb's palsy occurs by the fact that the upper nerves of brachialplexus get injured during a difficult delivery. In the majority of cases, this type of injury results from stretching or traction of the nerves in the shoulder area during a difficult birth, such as one which involves a big infant or a small mother.
In order to file a medical negligence case, the plaintiff has to establish that the healthcare provider did not adhere to the standards of care that was appropriate to his or her role and position in the scenario. This is accomplished through expert testimony. Medical malpractice claims are based on actions of healthcare professionals. Therefore, it is important to hire an attorney who has experience in these cases. This will give you the best opportunity to prove that medical negligence 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 compensation you will receive. It is important to speak with a birth injury lawyer as soon as possible if you suspect medical negligence.
If you prevail in your Erb's Palsy lawsuit you could be awarded substantial financial compensation to cover current and future medical expenses for your child. This includes surgery, therapy, assistive devices, and more.
Some children's Erb palsy heals itself over time, however others may require surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the case, you may be entitled to additional significant damages.
Most
Erb's palsy lawsuits settle without a trial that is, the defendant pays you a set amount to resolve your dispute without going to trial. If you are unable to reach an agreement with the defendant, then your lawyer will prepare a trial by gathering evidence and bringing in medical malpractice experts to back your claims. This includes medical records, evidence from witnesses, and expert witness reports. Then, your lawyer will present your case in before a judge and jury.
What can an Erb's Palsy lawyer help me?
Many parents seek out a lawyer after their child has suffered a birth injury. These injuries can be the result of medical malpractice by doctors or other hospital staff. An experienced
Erb's Palsy attorney will help you understand the extent of your child's injury caused by malpractice and can assist you in the legal procedure.
If your child's shoulder dystocia was due to a doctor's or hospital's negligence the hospital or doctor could be responsible for the damages your child sustained. These damages could include compensation for the medical bills for
lawsuits your child along with lost wages, pain and suffering.
A good lawyer for Erb's Palsy will determine if the injury to your child was caused by medical malpractice, and then make a claim on your behalf in order to hold the responsible parties accountable for their actions.
Conditions that may cause shoulder dystocia are often predictable and preventable. When medical professionals fail to follow the proper precautions, they could be held accountable for injuries that result. A successful lawsuit could result in a significant award and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation you are entitled to.