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Filing an Erb's Palsy Lawsuit

A lawsuit could provide families with financial compensation to pay for the treatment of their child. It could also assist in holding medical professionals accountable for injuries to the brachial plexus that could be prevented.

This case involves a child who developed Erb's palsy due to complications during her birth. She was born breech and had shoulder dystocia, which is when the shoulders of a child become stuck during birth. Her injury was caused by medical negligence.

What is the cause of Erb's Palsy?

The brachialplexus nerve system is located in the shoulder and neck that transmits signals to muscles in the hands, fingers, and arms. When this nerve system is damaged, a baby may develop Erb's Palsy.

This condition is more prevalent in difficult deliveries, long labours, and breech-births. In a difficult birth doctors may have to exert force to get the baby out of the vaginal canal and this may cause stretching of the baby's neck or head. This could result in a traction injury 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 arm and their non-dominant arm. Treatment may include physical therapy to speed up the healing process naturally and help them attain better range of motion and feeling in their affected hand earlier.

How Do I Tell if My Child Has Erb's Palsy?

The symptoms of erb's palsy are weakness or paralysis varying degrees in the arm and shoulder. The good news is that a majority of children born with erb's palsy are fully recovered, even though their condition can be permanent.

The brachial plexus network of nerves connects the neck (clavicle) and the torso with the spinal cord, allowing for the movement, sensation and support of the shoulder, arm and hand. When you pull or stretch the nerve can cause injury, resulting in erb's palsy.

A difficult delivery and the use of force during childbirth, large baby size, breech presentation, and a long second stage of labor are all common risk factors for this kind of injury.

A doctor can diagnose erb's palsy by performing an EMG, which measures how well nerves and muscles function. The doctor may also recommend an MRI or CT to capture images of the insides of your body. They can determine the cause of erb's syndrome that is present, including neuroma, the 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 splicing and grafting healthy nerves.

How Can I Tell If My Child's Erb's Palsy Was the result of a medical error?

A child with Erb's palsy should seek medical treatment. The treatment may be costly and last for many months or even years. Medical malpractice lawsuits may aid families in paying for the cost of care.

Erb's Palsy is caused by injury to the upper nerves of the brachial system during a difficult or prolonged delivery. This kind of injury is usually caused by traction or stretching the nerves of the shoulder during a difficult birth, for example, when a large baby or a petite woman is involved.

To file a medical malpractice case, the plaintiff has to demonstrate that the healthcare professional didn't meet the standards of care appropriate to the job and position in 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 types of cases. This will give you the best chance of proving that your child's Erb's palsy was the result of medical negligence.

What is the value of Erb's Palsy Case Verdicts Worth?

The extent of your child's Erb's palsy case will determine the amount of compensation you will receive. It is important to speak with an attorney for birth injuries as soon as possible if 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 therapy, surgery as well as assistive devices 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 situation you could be entitled even to more severe damages.

Most Erb's palsy lawsuits settle without a trial and the defendant pays you a set amount to resolve your claim without going to trial. But if you're unable to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and bringing in experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records and erb's testimony from expert witnesses. Then, your lawyer will present your case in front of the jury and a judge.

What Can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents seek legal advice after their child suffers birth injuries. These injuries could be caused by medical negligence by doctors or other hospital staff. A qualified Erb's palsy attorney will assist you in understanding whether your child's injury was caused by malpractice and help you navigate the legal procedure.

If the shoulder dystocia you have observed in your child's shoulder was caused by negligence by a hospital or doctor they could be responsible for the damage your child sustained. These damages could include reimbursement for medical expenses as well as lost wages, discomfort and pain.

A good Erb's palsy attorney will determine if the child's injury was the result of medical malpractice. Then, you can build a strong case on your behalf to hold the responsible party accountable for their actions.

The conditions that cause shoulder dystocia can be easily preventable and foreseeable. If medical professionals fail to take the necessary precautions, then they can be held responsible for any injuries that occur as a result. A successful lawsuit could result in a substantial settlement and a lifetime of medical care. An experienced Erb's palsy lawyer will ensure that you receive all the compensation that you deserve.