Filing an Erb's Palsy Lawsuit
The filing of a lawsuit could award families money to help pay for their child's treatment. It can also help to hold medical professionals accountable for injuries to the brachial plexus that could be prevented.
This case involves a small girl who developed Erb's palsy due to complications during her birth. She was born breech and shoulder dystocia (when the shoulders of a child become stuck during the delivery). Her injury was the result of medical negligence.
What Causes Erb's Palsy?
The brachialplexus is a network of nerves in the shoulder and neck which transmits signals to muscles in the fingers, hands, and arms. Erb's Palsy is a condition that can occur when this nerve system gets damaged.
This type of condition is more frequent in difficult deliveries, long labours, and breech births. In a difficult birth doctors might have to force the baby out of the vaginal canal and this could stretch 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 nerves are separated from their spinal cord (an avulsion).
Most children with Erb's Palsy recover completely and have no permanent damage, but this condition can cause weakening, a limited range of motion, and a noticeable difference between their dominant arm and their non-dominant arm. Treatment can include physical therapy to accelerate the healing process naturally and to help them achieve more movement and feel in their affected hand faster.
How Do I Know If My Child is Having Erb's Palsy?
The symptoms of Erb's Palsy are paralysis or weakness to various degrees, in the arm and shoulder. The good news is that many children who suffer from erb's palsy recover fully, even though their condition is usually permanent.
The brachial-plexus network of nerves connects the neck (clavicle) and the torso with the spinal cord, allowing motion, feeling, and support for the shoulder, arm, and hand. The pulling or stretching of the nerve can cause injury and can result in erb's paralysis.
Difficult delivery and the use of force during childbirth, the large baby size, breech presentation and a prolonged second stage of labor are all common risk factors for this kind of injury.
A doctor can diagnose erb's paralysis by performing an EMG that measures how well nerves and muscles function. The doctor may also recommend an MRI or CT to take photos of the insides of your body. They can determine if the erb's problem is an avulsion, a nerve or the neuropraxia, a form of neuropathy that develops when nerves are stretched instead of being pulled away from the spine. Some erb’s palsy patients require surgery, which involves cutting healthy nerves and then grafting them.
How Can I Tell What to Do If My Child's Erb's Syndrome was the result of medical malpractice?
A child who is suffering from Erb's Palsy must seek medical treatment. That treatment can be expensive, and it may be a long time coming. Medical malpractice lawsuits can help families cover the cost of these services.
Erb's spalsy occurs by upper nerves in the brachialplexus are injured during a difficult birth. In the majority of cases, this type of injury results from traction or stretching of the muscles in the shoulder during a difficult birth like one which involves a big infant or a smaller mother.
To bring a medical negligence case, the plaintiff needs to show that the healthcare professional didn't meet the standards of care that was appropriate for the role and position within the scenario. Expert evidence can be used to show this. Medical malpractice claims are based on the actions of healthcare providers, so it's important to hire a lawyer who has prior experience in these kinds of cases. This will give you the best chance of proving that the Erb's palsy of your child was the result of medical negligence.
What is the value of Erb's Palsy Case Verdicts Worth?
The severity of the Erb's palsy case for your child will determine much you receive in compensation. This is why it's essential to speak with an experienced birth injury attorney whenever you suspect medical negligence.
If you prevail in the Erb's-Palsy lawsuit You could receive substantial financial compensation for both current and future medical expenses for your child. This includes physiotherapy, surgery, assistive devices, and many more.
Some children's Erb's syndrome can heal on its own within time, while others require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the case, you may be entitled to more significant damages.
Most of the cases involving Erb's palsy settle without a trial, which means the defendant pays you an amount that will settle your dispute without going to trial. If you're unable reach an agreement with the defendant your lawyer will prepare for trial by gathering evidence and hiring experts in Erb's palsy cases to prove your claims of medical malpractice. This includes medical records, testimony from witnesses, and expert witness reports. Then, your lawyer will present your case in before a judge and jury.
How can an Erb's Palsy lawyer assist me?
Many parents consult a lawyer after their child has suffered a birth injury. These injuries can be caused by medical negligence doctors or other hospital personnel. A qualified lawyer for Erb's palsy can help you determine whether the injury to your child was caused by medical negligence and assist you in legal proceedings.
If your child's shoulder dystocia occurred due to a medical professional or hospital's negligence and/or negligence, they could be held accountable for the damages your child sustained. erb's palsy attorneys brockton can include compensation for your child's medical bills along with lost wages, pain and suffering.
An experienced Erb's Palsy lawyer will determine if your child's injury was caused by medical malpractice and then build a strong case on your behalf to hold the responsible party accountable for their actions.
The conditions that cause shoulder dystocia are often easily preventable and foreseeable. If medical experts fail to take the appropriate precautions, then they can be held responsible for any injuries resulting from. A successful case could result in a substantial amount and lifetime medical care. A lawyer with experience in Erb's Palsy will ensure that you get the compensation you are entitled to.