Filing an Erb's Palsy Lawsuit
The filing of a lawsuit could award families financial compensation that can aid in the payment of the treatment of their child. It is also a way to hold medical professionals accountable for injuries to the brachial-plexus that could have been prevented.
This case involves a child who developed Erb's palsy due to complications during her birth. She was born breech and had shoulder dystocia, which is when the shoulders of a baby become stuck during birth. Her injury was caused by medical negligence.
What Causes Erb’s Palsy?
The brachialplexus, a nerve system in the neck and shoulder that sends signals to muscles in the hands, fingers and arms. Erb's Palsy may occur when this nerve system gets damaged.
This condition is prevalent in difficult deliveries, long labors, and Breech births. In a difficult birth doctors may have to use force to push the baby through the vaginal tube. This may stretch the neck or head of the infant. This can result in an injury from traction where the nerves are stretched. If the force is excessive it can result in an injury where the nerves are torn away from their spinal cord.
Most babies with Erb's Palsy recover fully and have no permanent damage, but this condition can cause weakening, a limited range of motion and a distinct difference between their dominant arm and their non-dominant arm. Treatment can include physical therapy to accelerate the natural healing process and to assist them in achieving more movement and feel in their affected hand quicker.
How Can I Tell If My Child is Having Erb's Palsy?
The symptoms of erb's paralysis are weakness or paralysis varying degrees in the arm and shoulder. The good news is that most children suffering from erb's syndrome recover fully, even though the condition is typically permanent.
The brachial-plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, allowing for mobility, feeling and support for the shoulder, arm and hand. This nerve is susceptible to injury by pulling or stretching it.
A difficult delivery and the use of force during childbirth, large baby size, breech presentation, and prolonged second stage labor are common risk factors for this type of injury.
A doctor can diagnose erb's palsy by conducting an EMG which determines how well muscles and nerves work. The doctor may also recommend an MRI or CT to take pictures of the insides of the body. They can determine if the erb's problem is a neuroma, an avulsion or neuropraxia, which is a type of neuropathy that manifests when nerves are stretched rather than torn from the spine. Certain patients suffering from erb's syndrome require surgery, which involves splicing healthy nerves and grafting them.
How Do I Determine If Medical Malpractice Caused My Child's Erb's Palsy?
A child suffering from Erb's Palsy requires medical care. The treatment may be costly and last for many months or even years. Medical malpractice lawsuits can help families cover the cost of medical treatment.
Erb's Palsy is caused by injuries to the nerves of the upper part of the brachial plexus during an extended or difficult delivery. Most of the time, this type of injury results from traction or stretching of the nerves in the shoulder during the birth process, such as one which involves a big infant or a small mother.
To bring a medical negligence claim, the plaintiff needs to prove that the healthcare professional didn't meet the standards of care that was appropriate to the position and position within the scenario. This is accomplished by using expert testimony. Medical malpractice claims are based on the actions of healthcare professionals. Therefore, it is important to hire an attorney who is experienced in these kinds of cases. This gives you the best chance to prove that negligence in the medical field caused your child's Erb palsy.
How Much Are Erb's Palsy Case Verdicts Worth?
The severity of the Erb's Palsy case for your child will determine you'll be able to receive compensation. This is why it's essential to speak with an experienced birth injury lawyer immediately if you suspect medical negligence.
A successful lawsuit for Erb's palsy could award you substantial financial compensation to cover current and future medical expenses for your child. This includes physiotherapy, surgery, assistive devices, and many more.
Some children's Erb palsy will heal itself with time, but others may require surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the situation you could be entitled to even more severe damages.
Most lawsuits for Erb's Palsy are settled out of court. This means that the defendant has to pay a set amount to settle your claim without the need to go to trial. However, if you are unable to reach an agreement with the defendant the lawyer will prepare for trial by collecting evidence and bringing in experts in cases involving Erb's palsy to prove your claim of medical malpractice. This includes medical records and evidence from experts. Then, erb's palsy lawyer cedar rapids will present your case front of the jury and a judge.
How can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?
Many parents seek legal counsel after their child has suffered birth injuries. These injuries can be caused by medical malpractice by doctors and other hospital personnel. An experienced Erb's Palsy attorney can assist you in determining whether your child's injury was caused by malpractice and can assist you in the legal process.
If the shoulder dystocia in your child's shoulder was caused by negligence by a hospital or doctor they could be responsible for the damages your child suffered. These damages can include the cost of the medical bills for your child, lost wages, and pain and suffering.
A reputable Erb's palsy lawyer will determine if the injury to your child was due to medical malpractice, and make a claim on your behalf in order to hold the accountable parties accountable for their actions.
Conditions that may cause shoulder dystocia are usually predictable and preventable. When medical professionals fail to follow the proper precautions, they can be held responsible for the injuries that result. A successful lawsuit could lead to a substantial award and lifetime medical care. A lawyer who has experience in the field of Erb's palsy will make sure you receive the compensation you are entitled to.