Filing an Erb’s Palsy Lawsuit
The filing of a lawsuit could award families financial compensation that can aid in the payment of the treatment of their child. It can also help to hold medical professionals responsible for preventable brachial plexus injuries.
This case involves a girl who was diagnosed with Erb’s Palsy due to complications in her birth. She was born breech and suffered from shoulder dystocia. This is when the shoulders of a child become stuck during the delivery. Her injury was caused due to medical negligence.
What is the cause of Erb’s Palsy?
The brachialplexus is an intricate network of nerves in the shoulder and neck that sends signals to muscles of the hands, arms, and fingers. When this nerve system is damaged, an infant can develop Erb’s Palsy.
This condition is prevalent when there are difficult births, long labors, and Breech births. In a difficult birth doctors may have to force the baby through the vaginal tube. This can stretch the neck or head of the infant. This can result in an injury to the traction nerves are stretched. If the force is excessive it could cause ruptures in which nerves are pulled away from their spinal cord.
Most babies with Erb’s Palsy recover fully 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 non-dominant hand. Physical therapy is an option to accelerate the healing process and help them feel better in their affected hand.
How Can I Tell if My Child Has Erb’s Palsy?
The signs of erb’s syndrome are weakness or paralysis varying degrees—of the shoulder and arm. The good news is that most children who suffer from erb’s palsy recover completely despite the fact that their condition is usually permanent.
The brachial plexus network of nerves connects the neck (clavicle) and the torso with the spinal cord, enabling the movement, sensation and support for the shoulder, arm and hand. Pulling or stretching the nerve can cause injury which can cause erb’s palsy.
The difficulty of delivery and the use of force during childbirth, the large baby size, breech appearance, and a long second stage of labor are all common risk factors for this type of injury.
An EMG can be used to determine if you suffer from Erb’s Palsy. This test measures the performance of muscles and nerves. The doctor may also recommend an MRI or CT to capture pictures of the insides of the body. They can determine if the erb’s is a neuroma, an avulsion or neuropraxia, which is a form of neuropathy that develops when the nerve is stretched, rather than ripped from the spine. Certain cases of erb’s paralysis require surgery that involves splicing and grafting healthy nerves.
How can I tell if Medical Malpractice Caused My Child’s Erb’s Palsy?
A child who is suffering from Erb’s palsy should seek medical treatment. The treatment may be costly and last for many months or even years. Medical malpractice lawsuits may help families cover the costs of care.
Erb’s palsy is caused by damage to the upper nerves of the brachial plexus during the labor process, which can be difficult or long. Most often, this type of injury results from stretching or traction of the nerves in the shoulder area during the birth process, such as one which involves a large infant or a mother who is petite.
In order to bring a medical malpractice lawsuit the plaintiff must demonstrate that the healthcare professional did not adhere to the standard of care for his or her job and position in the incident. This is done by using expert testimony. Medical malpractice claims are based on the actions of healthcare professionals. Therefore, it is crucial to find an attorney with experience in these types of cases. This will give you the best chance to prove that your child’s Erb’s syndrome was the result of medical negligence.
What’s the value of Erb’s Palsy verdicts worth?
The severity of the Erb’s -Plasy case for your child will determine you will be compensated. This is the reason it’s so important to speak with a seasoned birth injury lawyer as soon as you suspect medical negligence.
A successful Erb’s-Palsy lawsuit could win you significant 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 syndrome heals on its own in time, but some may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the situation you could be entitled even to more substantial damages.
Most Erb’s palsy lawsuits are settled without a trial that is, 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 bringing in experts in Erb’s palsy cases to prove your claims of medical malpractice. This includes medical records and testimony from experts. Your lawyer will present your case before an impartial jury and judge.
What can an Erb’s Palsy Lawyer Can I Benefit from an Erb’s Palsy Lawyer?
Many parents seek legal counsel after their child has suffered a birth injury. These injuries can be the result of medical malpractice by doctors and other hospital staff. A qualified Erb’s Palsy lawyer can help you determine whether the injury to your child was the result of medical negligence and guide you through legal proceedings.
If the shoulder dystocia that you experience in your child’s shoulder was caused by negligence of a doctor or hospital they could be responsible for the damage your child sustained. This could include the cost of the medical bills of your child, lost wages, and pain and suffering.
An experienced Erb’s Palsy lawyer will determine if your child’s injuries was the result of medical malpractice, and then construct 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 necessary precautions, they could be held accountable for any injuries that result. A successful claim could lead to a substantial award and lifelong medical care. An experienced Erb’s palsy lawyer will ensure that you receive all the compensation you are entitled to.