Filing an Erb's Palsy Lawsuit

A lawsuit can offer families an amount of money to pay for the treatment of their child. It also helps hold medical professionals responsible for preventable brachial plexus injuries.

This case involves a girl who developed Erb's palsy due to complications in her birth. She had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during the 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 shoulder and neck that sends signals to muscles in the hands, arms and fingers. When this system of nerves is damaged, a baby can develop Erb's Palsy.

This condition is more common when there are difficult births, lengthy labors, and breech-births. In a difficult birth doctors may have to force the baby through the vaginal tube. This could cause stretching of the neck or head of the baby. This can lead to an accident involving traction in which the nerves get stretched. If the force is excessive it can result in rupture where the nerves are cut off from their spinal cord.

Most babies with Erb's Palsy recover completely and have no permanent damage, however this condition can cause weakness, limited range of motion and a distinct difference between their dominant and the arm that is not dominant. Physical therapy is a way to accelerate the healing process and make them feel better in their hand that is affected.

How Can 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 the majority of children born with erb's palsy have full recovery, but their condition is often permanent.

The brachial system of nerves connects the neck (clavicle) and torso to the spinal cord, which allows mobility, feeling and support of the arm, shoulder, and hand. Stretching or pulling on this nerve can cause injury to the nerve, resulting in erb's palsy.

Difficult delivery and the use of force during childbirth, the large baby size, breech appearance, and prolonged second stage labor are all common risk factors for this type of injury.

A doctor can diagnose erb's palsy by performing an EMG which is a test to determine how well muscles and nerves function. The doctor may also order an MRI, CT, or other imaging test to get images of the inside of the body. They can determine the type of erb's paralysis such as neuroma the avulsion or neuropraxia (neuropathy that occurs 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 Do I Determine If My Child's Erb's Palsy Was Caused by Medical Malpractice?

A child with Erb's Palsy should seek medical attention. The treatment can be costly and may be a long time coming. Medical malpractice lawsuits may aid families in paying for the cost of care.

Erb's palsy occurs by upper nerves in the brachialplexus get injured during a difficult labor. This type of injury is usually caused by traction or stretching the nerves of the shoulder during a difficult delivery like when a big baby or a petite woman is involved.

In order to file a medical malpractice case the plaintiff must demonstrate that the healthcare professional failed to meet the standards of care for his or her job and position in the circumstance. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare providers, so it's important to hire a lawyer who has prior experience in these cases. This will give you the best chance of proving your child's Erb's palsy was caused by 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'll receive. This is why it's essential to speak with an experienced birth injury attorney as soon as you suspect medical negligence.

A successful Erb's palsy lawsuit could award you substantial financial compensation to cover the current and future medical expenses for your child. This includes therapy, surgery aidive devices, surgery, and many more.

Some children's Erb's palsy is able to heal itself on its own over time, while others require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case, you may be entitled to further serious damages.

Most Erb's palsy lawsuits settle without a trial and the defendant will pay you an amount set to settle your dispute without having to go to trial. However, if you are unable to reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and hiring experts in Erb's palsy cases to support your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will present your case front of an impartial jury and judge.

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

Many parents seek legal advice when their child has suffered birth injuries. These injuries could be through medical malpractice by doctors or other hospital staff. A qualified Erb's palsy attorney will assist you in understanding the possibility that your child's injuries were caused by malpractice and help you navigate the legal process.

If the shoulder dystocia that you experience in your child was caused by the negligence of a hospital or doctor, they could be accountable for the injuries your child sustained. These damages can include reimbursement for medical bills as well as lost wages, discomfort and pain.

A good Erb's palsy attorney will determine if the child's injury resulted from medical negligence and then create a strong case on your behalf to hold the responsible party accountable for their actions.

The conditions that can cause shoulder dystocia are often predictable and can be prevented. If medical professionals fail to take the proper precautions, they may be held liable for the injuries that result. A successful claim can result in a substantial payout and a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you are entitled to.