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Filing an Erb's Palsy Lawsuit
A lawsuit could offer families financial compensation to help pay for the treatment of their child. It also helps hold medical professionals responsible for injuries to the brachial system that could be prevented.
This case concerns a girl who developed Erb's syndrome due to complications in her birth. The birth was breech and shoulder dystocia (when the baby's shoulders become stuck during delivery). Her injury was caused due to medical negligence.
What Causes Erb's Palsy?
The brachialplexus is a network of nerves in the shoulder and neck that sends signals to muscles in the hands, fingers and arms. If this nerve system is damaged, an infant is susceptible to developing Erb's Palsy.
This condition is more common when there are difficult births, lengthy labours, and breech-births. In a difficult birth, doctors may need to force the baby through the vaginal tube. This can stretch the neck or head of the infant. This can lead to an accident of traction where nerves are stretched. If the force is too high it can lead to a rupture in which the nerves are torn away from their spinal cord.
The majority of children with Erb's Palsy recover completely and have no permanent injuries, but this condition can leave them with an inability to move, a restricted range of motion and a noticeable difference between their dominant and their non-dominant arm. Treatment may include physical therapy to speed up the healing process naturally and to help them achieve better range of motion and feeling in their affected hand sooner.
How Do I Know if My Child Has Erb’s Palsy?
The symptoms of erb's palsy include weakness or paralysis to varying levels--of the arm and shoulder. The good news is most children who suffer from erb's palsy recover fully despite the fact that their condition is usually permanent.
The brachial plexus system of nerves connects the neck (clavicle) and the torso with the spinal cord, which allows the movement, sensation and support of the arm, shoulder, and hand. This nerve is susceptible to injury by pulling or stretching it.
Involvement in difficult delivery and the use of force during childbirth, the large baby size, breech presentation, and prolonged second stage labor are all common risk factors for this type of injury.
A doctor can diagnose erb's paralysis by performing an EMG that measures how well muscles and nerves 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 is an avulsion, a nerve or a neuropraxia, which is a type of neuropathy that manifests when a nerve is stretched instead of being pulled away from the spine. Certain patients suffering from erb's syndrome require surgery, which involves splicing healthy nerves and grafting them.
What Can I Do to Determine if Medical Malpractice Caused My Child's Erb's Palsy?
A child with Erb's Palsy requires medical care. The treatment may be costly and take months or even years to complete. Medical malpractice lawsuits could help families pay the costs of treatment.
Erb's palsy occurs by the fact that the upper nerves of brachialplexus become injured in a labor that is difficult. In most cases this kind of injury is caused by stretching or traction of the nerves in the shoulder during an uneasy birth, such as one which involves a large infant or a smaller mother.
In order to start a medical negligence case, the plaintiff must prove that the healthcare professional failed to meet the standard of medical care for his or her position and role in the circumstance. This is done through expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals which is why it's crucial to choose a lawyer who has years of experience handling these kinds of cases. This will give 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 your child's case will determine how much compensation you'll receive. It's important to consult an attorney for birth injuries as soon as possible if you suspect medical negligence.
A successful lawsuit for Erb's palsy could earn you significant financial compensation to cover the current and future medical costs for your child. This includes therapy, surgery as well as assistive devices and more.
Some children's Erb palsy can heal on its own over time, but other children may need surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the case, you may be entitled to more serious 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 claim without going to trial. If you're unable to reach a settlement with the defendant, your lawyer will prepare a trial through gathering evidence and hiring medical malpractice experts to prove your claims. This includes medical records and reports from expert witnesses. erb's palsy attorneys vista will then argue your case to a judge and jury.
What 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 could be by medical negligence doctors or other hospital personnel. A qualified Erb's palsy lawyer can help you determine if the injury suffered by your child was caused by medical negligence and guide you through legal proceedings.
If the shoulder dystocia you have observed in your child's shoulder was caused by negligence of a doctor or hospital they could be accountable for your child’s damages. These damages can include compensation for the medical bills of your child, lost wages, and pain and suffering.
A good lawyer for Erb's Palsy will determine if the harm to your child was due to medical malpractice, and then make a claim on your behalf to hold the responsible parties accountable for their actions.
Conditions that can lead to shoulder dystocia can be predicted and avoidable. If medical professionals fail to take the necessary precautions, then they can be held accountable for any injuries that result. A successful claim could result in a substantial amount as well as a lifetime of medical care. A knowledgeable lawyer from Erb's Palsy will ensure that you receive all the compensation you're entitled to.
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