Filing an Erb's Palsy Lawsuit
A lawsuit can provide families with financial compensation to pay for the treatment of their child. It also helps hold medical professionals accountable for preventable brachial plexus injuries.
This case involves a small girl who developed Erb’s palsy due to complications that occurred during her birth. She was born breech and shoulder dystocia (when the child's shoulders become stuck during birth). Her injury was caused by medical negligence.
What is the cause of Erb's Palsy?
The brachialplexus, a nerve system in the shoulder and neck that transmits signals to muscles in the hands, fingers, and arms. If this nerve system is damaged, a baby is susceptible to developing Erb's Palsy.
This condition is prevalent during difficult delivery, prolonged labors and breech births. In an uneasy 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 accident that causes traction, where nerves get stretched. If the force is too strong, it can cause a rupture in which nerves are pulled away from their spinal cord (an Avulsion).
The majority of children with Erb's Palsy recover fully and have no permanent injuries, but this condition can cause limitations in range of motion, and a noticeable difference between their dominant and non-dominant arm. Physical therapy can be utilized to accelerate the healing process and make patients feel better in their affected hand.
How do I tell If My Child has Erb's Palsy?
The symptoms of Erb's 'Palsy' include paralysis or weakness in varying degrees, of the shoulder and arm. The good news is that most children suffering from erb's syndrome recover completely, even though the condition is generally permanent.
The brachial system of nerves connects the neck (clavicle) and the torso to spinal cord, which allows mobility, feeling and support for the shoulder, arm, and hand. The pulling or stretching of 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 long second stage of labor are common risk factors for this kind of injury.
A doctor can diagnose erb's palsy by conducting an EMG which determines how well muscles and nerves work. The doctor could also suggest an MRI, CT, or other imaging test to get images of the inside of the body. erb's palsy attorneys compton can determine the type of erb's syndrome such as neuroma avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched rather than torn away from the spine). Certain patients suffering from erb's syndrome require surgery, which involves the grafting of healthy nerves and splicing them.
How Do I Know What to Do If My Child's Erb's Syndrome Was Caused by Medical Malpractice?
A child suffering from Erb's Palsy should seek medical treatment. That treatment can be expensive and can last for months or even years. Medical malpractice lawsuits may help families cover the costs of treatment.
Erb's syndrome is caused by injury to the upper nerves of the brachial plexus after an extended or difficult delivery. Most often, this type of injury results from stretching or traction of the muscles in the shoulder during difficult births like one which involves a large infant or a mother who is petite.
In order to start a medical negligence case, the plaintiff must prove that the healthcare professional did not adhere to the standard of care for his or her position and the role they played in the situation. Expert evidence is used to prove this. Medical malpractice claims are based on the actions of healthcare professionals, so it is crucial to choose an attorney who is experienced in these types of cases. This will give you the best chance to prove that the Erb's palsy of your child was caused by medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The extent of your child's Erb's syndrome case will determine how much you'll receive in compensation. This is the reason it's so important to speak with an experienced birth injury lawyer whenever you suspect medical negligence.
A successful Erb's palsy lawsuit could award you substantial financial compensation to cover current and future medical expenses for your child. This includes surgery, therapy assistive devices, more.
Some children's Erb's palsy is able to heal itself on its own over time, while others require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the case, you could be entitled to further substantial damages.
The majority of lawsuits involving Erb's Palsy settle out of court, which means the defendant will pay a certain amount to settle your claim without going to trial. If you're unable reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and bringing in experts in cases involving Erb's palsy to prove your claim of medical malpractice. This includes medical records, evidence from witnesses and expert witness reports. Your lawyer will present your case front of jurors and a judge.
What can an Erb's Palsy lawyer assist me?
Many parents contact a lawyer after a child is injured birth injury. These injuries could result from medical malpractice by doctors and other hospital personnel. A qualified attorney for Erb's palsy will assist you in understanding the possibility that your child's injuries were due to malpractice and guide you through the legal procedure.
If your child's shoulder dystocia was due to a medical professional or hospital's negligence, they could be liable for the injuries suffered by your child. These damages could include the cost of the medical bills of your child or lost wages, as well as pain and suffering.
A good lawyer for Erb's Palsy will determine if the injury to your child was caused by medical malpractice, and develop a case on your behalf in order to hold the accountable parties accountable for their actions.
Conditions that can lead to shoulder dystocia are usually predictable and treatable. If medical professionals fail to take the necessary precautions, they could be held responsible for any injuries that result. A successful lawsuit could result in a substantial settlement and lifelong medical care. A knowledgeable lawyer from Erb's Palsy will ensure that you receive the compensation you're entitled to.