Filing an Erb's Palsy Lawsuit

A lawsuit filed in court can provide families financial compensation that can assist in paying for the treatment of their child. It can also help to hold medical professionals responsible for injuries to the brachial plexus that could be prevented.

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

What Causes Erb's Palsy?

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

This condition is more common in difficult deliveries, prolonged labours, and breech-births. In the event of a difficult delivery, doctors may have to force the baby out of the vaginal canal which can cause stretching of the baby's neck or head. This can result in an accident that causes traction, where nerves get stretched. If the force is too great it can result in ruptures in which nerves are cut off from their spinal cord.

Most babies with Erb's Palsy recover completely and suffer no permanent damage, however this condition can cause limitations in range of motion and a noticeable distinction between their dominant arm and their non-dominant arm. 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 symptoms of erb's paralysis include weakness or paralysis to varying degrees in the arm and shoulder. The good news is most children with erb’s palsy recover fully despite the fact that their condition is generally permanent.

The brachial-plexus network of nerves connects the neck (clavicle) and the torso with the spinal cord, allowing for motion, feeling, and support for the shoulder, arm, and hand. Stretching or pulling on the nerve can cause injury and can result in erb's paralysis.

This type of injury is typically caused by a difficult birth or force and a baby that is large or breech delivery, and a long second stage of labour.

A doctor can identify erb's palsy by conducting an EMG which is a test to determine how well muscles and nerves function. The doctor may also recommend an MRI or CT to take photos of the insides of the body. They can identify the type of erb's syndrome, such as neuroma, the avulsion or neuropraxia (neuropathy that develops when the nerve is stretched instead of tearing away from the spine). Some erb’s palsy patients require surgery, which requires cutting healthy nerves and then grafting them.

How Can I Tell If My Child's Erb's Symptoms was the result of medical malpractice?

A child with Erb's palsy needs to seek medical attention. This treatment can be expensive and can last for a number of months or even years. Medical malpractice lawsuits can help families pay for the cost of medical treatment.

Erb's syndrome is caused by injury to the upper nerves of the brachial plexus during the labor process, which can be difficult or long. Most of the time, this type of injury results from stretching or traction of the nerves in the shoulder during a difficult birth, such as one which involves a big infant or a mother who is petite.

To file a medical negligence case, the plaintiff needs to prove that the healthcare professional did not meet the standard of care appropriate to the job and position in the situation. Expert evidence is used to support this. Medical malpractice claims are based on actions of healthcare professionals, so it is crucial to choose an attorney with expertise in these cases. This will give you the best chance of proving that your child's Erb's Palsy was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's palsy case will determine the amount of compensation you will receive. This is why it's important to speak with a seasoned birth injury lawyer immediately if you suspect medical negligence.

A successful Erb's palsy lawsuit could earn you significant financial compensation to pay for current and future medical expenses for your child. This includes surgery, therapy, assistive devices, and other things.

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

The majority of Erb's palsy lawsuits settle without a trial and the defendant pays you an amount that will settle your dispute without having to go to trial. If you're unable to reach a settlement with the defendant, your lawyer will prepare a trial through gathering evidence and Erb's Palsy Attorney bringing in medical malpractice experts to prove your claims. This includes medical records, testimony from witnesses, and expert witness reports. Your lawyer will present your case front of the jury and a judge.

How can Erb's Palsy Lawyer Help Me?

Many parents seek legal advice when their child is injured during birth. These injuries could be by medical negligence doctors or other hospital staff. A qualified Erb's palsy attorney can assist you in determining the extent of your child's injury due to malpractice and help you navigate the legal procedure.

If your child's shoulder dystocia occurred due to a doctor's or hospital's negligence, they could be liable for the injuries suffered by your child. These damages can include compensation for your child's medical expenses, lost wages, and pain and suffering.

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

The conditions that can cause shoulder dystocia are usually predictable and can be prevented. If medical professionals fail follow the proper precautions, they may be held liable for the injuries that result. A successful case could result in a substantial amount and lifetime medical care. A lawyer who has experience in the field of Erb's palsy will make sure that you receive the money you deserve.