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Filing an Erb's Palsy Lawsuit
The filing of a lawsuit could award families with money to help pay for their child's medical treatment. It can also help to hold medical professionals accountable for brachial plexus injuries that could have been prevented.
This case involves a little girl who developed Erb’s palsy as a result of complications during her birth. She had a breech birth and shoulder dystocia (when the child's shoulders get stuck during delivery). Her injury was due to medical negligence.
What is the Cause of Erb's Palsy?
The brachialplexus is a set of nerves in the shoulder and neck which transmits signals to muscles in the hands, arms and fingers. Erb's Palsy can develop when this system of nerves gets damaged.
This condition is more prevalent in difficult deliveries, prolonged labors, and breech-births. In a difficult delivery doctors may need to apply pressure to push the baby out of the vaginal canal, and this can stretch the baby's neck or head. This could result in an injury to the traction nerves are stretched. If the force is excessively strong, it could cause a rupture in which the nerves are torn from their spinal cord (an avulsion).
Most children suffering from Erb's Palsy recover completely and have no permanent injuries, but this condition can leave them with weakening, a limited range of motion and a distinct difference between their dominant and the non-dominant hand. Physical therapy can be used to speed up the healing process and make patients feel better in their hand that is affected.
How Do I Tell if My Child Has Erb's Palsy?
The symptoms of erb's paralysis include weakness or paralysis to varying extents--of the arm or shoulder. The good news is that the majority of children with erb’s palsy recover completely, even though the condition is generally permanent.
The brachial nerve connects the neck (clavicle) and torso to the spinal cord. This allows for movement, sensation, and support for the hand, arm, and shoulder. Stretching or pulling on this nerve can cause damage and causes erb's Palsy.
Difficult delivery and the use of force during childbirth, large baby size, breech presentation, and a long second stage of labor are common risk factors for this kind of injury.
An EMG can be used to diagnose Erb's palsy. The test evaluates the activity of muscles as well as nerves. The doctor may also request an MRI or CT to capture images of the insides of your body. They can determine the kind of erb's syndrome that is present, including neuroma, Avulsion, or Neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Some erb’s palsy patients require surgery, which involves the grafting of healthy nerves and splicing them.
How can I tell if Medical Malpractice Caused My Child's Erb's Palsy?
A child who suffers from Erb's palsy needs to seek medical treatment. This treatment can be costly, and it may last for months or years. Medical malpractice lawsuits can help families pay for the cost of this care.
Erb's Palsy happens by the fact that the upper nerves of brachialplexus get injured in a labor that is difficult. This kind of injury is usually caused by traction or stretching the shoulder's nerves in a difficult labor, such as when a large baby or petite woman is involved.
To file a medical negligence claim, the plaintiff needs to demonstrate that the healthcare professional did not adhere to the standards of care appropriate to his or her role and position in the situation. Expert testimony is used to prove this. Medical malpractice claims are based upon the actions of healthcare providers, so it's important to hire a lawyer who has expertise in these kinds of cases. This gives you the best chance to prove that medical negligence caused your child's Erb palsy.
How much are Erb's Palsy verdicts worth?
The extent of your child's Erb's palsy case will determine how much compensation you'll receive. It is essential to talk to an attorney for birth injuries whenever you suspect medical malpractice.
If you are successful in your Erb's Palsy case you could get significant financial compensation for both current and future medical expenses for your child. This includes therapy, surgery as well as assistive devices and more.
Some children's Erb's syndrome heals on its own in time, but others may require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the situation, you may be entitled even to greater damages.
Most Erb's Palsy lawsuits are settled out of court. This means that the defendant will pay a certain amount to settle your claim without the need to go to trial. If you're not able to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and hiring experts in cases involving Erb's palsy to prove your claims of medical malpractice. This includes medical records and reports from experts. Your lawyer will then argue your case before jurors and judges.
What Can Erb' erb's palsy attorney high point Help Me?
Many parents contact a lawyer after a child is injured birth injury. These injuries could be caused by medical negligence by doctors and other hospital personnel. An experienced Erb's Palsy attorney will help you understand if your child's injury was caused by malpractice and guide you through the legal process.
If the shoulder dystocia that you experience in your child was the result of negligence by a hospital or doctor they could be accountable for the damage your child sustained. These damages could include compensation for medical bills and lost wages as well as discomfort and pain.
A good Erb’s palsy lawyer will determine if the injury to your child was due to medical malpractice, and then develop a case on your behalf in order to hold the responsible parties accountable for their actions.
The conditions that cause shoulder dystocia are usually easily preventable and foreseeable. If medical professionals fail to take the necessary precautions, they could be held responsible for the injuries that result. A successful case could result in a substantial amount and lifetime medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation you deserve.
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