Filing an Erb's Palsy Lawsuit

A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It is also a way to make medical professionals accountable for brachial-plexus injuries that could have been avoided.

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

What Causes Erb's Palsy?

The brachial plexus is a system of nerves in the neck and shoulder that sends signals to muscles of the arms, hands, and fingers. When this nerve system is damaged, a baby may develop Erb's Palsy.

This is more prevalent in difficult deliveries, long labours, and breech births. In the event of a difficult delivery doctors might have to use force to pull the baby out of the vaginal canal, and this may cause stretching of the baby's neck or head. This can result in an injury from traction where the nerves are stretched. If the force is too strong, it can cause a rupture, where the nerves are torn from their spinal cord (an Avulsion).

Most children suffering from Erb's Palsy recover fully and have no permanent damage, however this condition can leave them with an inability to move, a restricted range of motion and a noticeable difference between their dominant arm and non-dominant arm. Physical therapy is a way to speed up the healing process and make patients feel better in their hand that is affected.

How do I know if My Child Has 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 a majority of children born with erb's palsy are fully recovered, even though the condition is usually permanent.

The brachial nervous system connects the neck, (clavicle) and torso with the spinal cord. This allows for movement as well as sensation and support for the arm, hand, and shoulder. Stretching or pulling on the nerve can cause injury, resulting in erb's palsy.

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

A doctor can diagnose erb's palsy by conducting an EMG which is a test to determine how well muscles and nerves work. The doctor can also request an MRI or CT to take pictures of the insides of your body. They can determine the type of erb's palsy, such as neuroma, 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, which involves the splicing of healthy nerves and grafting them.

How Do I Know If My Child's Erb's Palsy Was Caused by Medical Malpractice?

A child who suffers from Erb's palsy needs to seek medical treatment. The treatment may be costly and last for months or even years. Medical malpractice lawsuits can assist families to pay for the cost of this care.

Erb's palsy is caused by injury to the upper nerves of the brachial system during the process of delivering a long or difficult. This type of injury is typically caused by stretching or traction of the shoulder's nerves during a difficult delivery, like when a large baby or a small woman is involved.

In order to file a medical negligence case, the plaintiff needs to establish that the healthcare provider failed to meet the standard of care appropriate for the role and position within the scenario. This is accomplished through expert testimony. Medical malpractice claims are based on actions of healthcare professionals. Therefore, it is crucial to choose an attorney who is experienced in these cases. This will give you the most effective chance of proving your child's Erb's palsy was the result of medical negligence.

What is the value of Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's palsy case will determine how much you'll receive in compensation. This is why it's essential to speak with a seasoned birth injury attorney as soon as you suspect medical negligence.

A successful Erb's palsy lawsuit could result in significant financial compensation to cover the current and future medical costs for your child. This includes physiotherapy, surgery, assistive devices, and many more.

Some children's Erb's palsy can heal on its own within time, but others may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the case, you may be entitled even to more severe damages.

Most Erb's palsy lawsuits settle without a trial and the defendant will pay you a set amount to resolve your claim without going to trial. If you're unable 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 support your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will present your case in front of jurors and a judge.

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

Many parents seek out a lawyer when their child suffers a birth injury. These injuries may 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 guide you through the legal process.

If the shoulder dystocia in your child was the result of negligence of a doctor or hospital they could be responsible for the injuries your child sustained. This could include compensation for your child's medical bills along with lost wages, 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 solid case on your behalf to hold the person responsible accountable for their actions.

Conditions that may cause shoulder dystocia often are predictable and avoidable. If medical professionals fail to take the proper precautions, they may be held accountable for any injuries that result. A successful lawsuit could result in a substantial amount as well as lifetime medical care. An experienced Erb's palsy lawyer will ensure that you receive all the compensation you're entitled to.