Filing an Erb's Palsy Lawsuit
A lawsuit can provide families with financial compensation to pay for the treatment of their child. It can also help hold medical professionals accountable for brachial plexus injuries that could have been prevented.
This case involves a girl who developed Erb's syndrome due to complications in her birth. She was born breech and suffered from shoulder dystocia, which is when the shoulders of a child become stuck during delivery. Her injury was the result of medical negligence.
What is the cause of Erb's Palsy?
The brachial plexus is a network of nerves in the shoulder and neck that sends signals to the muscles in the hands, arms and fingers. When this nerve system is damaged, an infant can experience 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 apply pressure to push the baby out of the vaginal canal and this may cause stretching of the baby's neck or head. This could result in an injury to the traction nerves are stretched. If the force is too strong, it may 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 injuries, but this condition can leave them with an inability to move, a restricted range of motion, and a noticeable difference between their dominant and the arm that is not dominant. Treatment may include physical therapy to speed up the healing process naturally and to help them achieve better movement and sensation in their affected hand earlier.
How do I tell if My Child Has Erb’s Palsy?
The signs of erb's syndrome are weakness or paralysis--to varying degrees in the arm and shoulder. The good news is that the majority of children with erb's syndrome are fully recovered, even though their condition is often permanent.
The brachial plexus system of nerves connects the neck (clavicle) and the torso to the spinal cord, allowing motion, feeling, and support for the shoulder, arm, and hand. Pulling or stretching erb's palsy lawsuit lorain can cause damage which can cause erb's palsy.
A difficult delivery and the use of force during childbirth, the large baby size, breech presentation and prolonged second stage labor are common risk factors for this type of injury.
An EMG can be used to diagnose Erb's palsy. This test assesses the functioning of muscles and nerves. The doctor can also request an MRI, CT, or other imaging tests to get images of the interior of the body. They can determine if the erb's problem is an avulsion, a nerve or a neuropraxia. This is a neuropathy that occurs when the nerve is stretched, instead of torn away from the spine. Certain cases of erb's paralysis require surgery, which involves splicing and grafting healthy nerves.
How Do I Determine If My Child's Erb's Palsy was the result of medical malpractice?
A child with Erb's syndrome should seek medical treatment. The treatment may be costly and may be a long time coming. Medical malpractice lawsuits can help families cover the cost of medical treatment.
Erb's Palsy is caused by the fact that the upper nerves of brachialplexus are damaged during a difficult birth. In the majority of cases, this type of injury is caused by stretching or traction of nerves in the shoulder during the birth process, such as one which involves a big infant or a smaller mother.
In order to file a medical negligence case, the plaintiff has to show that the healthcare professional did not meet the standard of care that was appropriate for the role and position in the context. Expert evidence is used to show this. Medical malpractice claims are based upon the actions of healthcare professionals, so it's important to hire a lawyer who has expertise in these kinds of cases. This will give you the best chance of proving that your child's Erb's syndrome was the result of medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The severity of the Erb's palsy case for your child will determine you'll receive compensation. It's crucial to speak with a birth injury lawyer as soon as you can if you suspect medical malpractice.
If you win your Erb's palsy lawsuit you could be awarded substantial financial compensation for your current and future medical expenses for your child. This includes surgeries, therapy as well as assistive devices.
Some children's Erb palsy can heal on its own as time passes, but other children may need surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the case, you could be entitled to more significant damages.
Most Erb's palsy lawsuits are settled out of court that is, the defendant will pay an amount set to settle your case without going to trial. But if you're unable to reach an agreement with the defendant the 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 and testimony from experts. Your lawyer will present your case before a judge and jury.
What can an Erb's Palsy lawyer help me?
Many parents seek legal advice after their child has suffered birth injuries. These injuries can be caused by medical negligence by doctors or other hospital staff. A qualified lawyer for Erb's palsy will help you determine if the injury suffered by your child was the result of medical negligence and guide you through legal proceedings.
If the shoulder dystocia you have observed in your child was caused by negligence of a doctor or hospital they could be accountable for the damages your child suffered. This could include the cost of your child's medical bills, lost wages, and pain and suffering.
A reputable Erb's palsy lawyer will determine if the injury suffered by your child was caused by medical malpractice, and then construct an effective case on your behalf to hold the accountable party accountable for their actions.
The conditions that cause shoulder dystocia are typically predictable and preventable. If medical professionals fail to take the proper precautions, then they can be held accountable for any injuries that result. A successful claim can result in a substantial payout as well as lifetime medical care. A knowledgeable lawyer from Erb's Palsy will ensure that you receive all the compensation you deserve.