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Filing an Erb's Palsy Lawsuit
A lawsuit could offer families an amount of money to pay for the treatment of their child. It can also help hold medical professionals responsible for brachial plexus injuries that could have been prevented.
This case involves a little girl who was diagnosed with Erb's Palsy due to complications during her birth. The birth was breech and shoulder dystocia (when the child's shoulders become stuck during birth). Her injury was caused by medical negligence.
What Causes Erb's Palsy?
The brachialplexus nerve system is located in the shoulder and neck which transmits signals to muscles in the fingers, hands and arms. Erb's Palsy may occur when this nerve system is damaged.
This condition is more prevalent in difficult deliveries, prolonged labours, and breech births. In the event of a difficult delivery doctors may have to apply pressure to push the baby out of the vaginal canal, which can cause stretching of the baby's neck or head. This can result in a traction injury 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 suffering from Erb's Palsy recover fully and have no permanent damage, however this condition can leave them with limitations in range of motion and a noticeable distinction between their dominant arm and non-dominant arm. Physical therapy is a way to accelerate the healing process and make the patient feel better in their affected hand.
How Do I Know If My Child is Having Erb's Palsy?
The signs of erb's syndrome are weakness or paralysis varying levels--of the arm and shoulder. erb's palsy attorney bellingham is that most children born with erb's palsy are fully recovered, even though the condition is usually permanent.
The brachial plexus system of nerves connects the neck (clavicle) and the torso with the spinal cord, enabling mobility, feeling and support for the arm, shoulder, and hand. This nerve can be injured by stretching or pulling it.
This kind of injury is usually caused by a difficult birth, the use of force, a large baby present, breech and the long second stage of labour.
An EMG can be used to determine if you suffer from Erb's Palsy. The test evaluates the function of muscles and nerves. The doctor can also request an MRI, CT, or other imaging tests to take images of the interior of the body. They can determine the kind of erb's paralysis such as neuroma avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of tearing away from the spine). Some patients with erb's paralysis require surgery, which involves the grafting of healthy nerves and splicing them.
What Can I Do to Determine if Medical Malpractices Caused My Child's Erb’s Palsy?
A child with Erb's Palsy must seek medical care. That treatment can be expensive and may last for months or years. Medical malpractice lawsuits can help families pay for the cost of care.
Erb's spalsy occurs when the upper nerves of the brachialplexus get injured during a difficult birth. Most of the time, this type of injury is caused by stretching or traction of the muscles in the shoulder during a difficult birth like one which involves a large infant or a small mother.
To file a medical negligence claim, the plaintiff needs to establish that the healthcare provider failed to meet the standard of care appropriate to the position and position in the scenario. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare providers and therefore it is essential to find a lawyer that has experience in these kinds of cases. This will give you the best opportunity to prove that medical negligence caused your child's Erb palsy.
What is the value of Erb's Palsy verdicts worth?
The severity of the Erb's Palsy case for your child will determine how you will be compensated. It's important to consult an attorney for birth injuries as soon as possible if you suspect medical negligence.
A successful Erb's-Palsy lawsuit could win you significant financial compensation to pay for 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 will heal on its own in time, however others may require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case, you may be entitled to more substantial damages.
Most Erb's Palsy lawsuits are settled outside of court. This means that the defendant has to pay a set amount to settle your claim without the need to go to trial. If you're not able to reach a settlement with the defendant, your lawyer will prepare a trial by collecting evidence and bringing in medical malpractice experts to support your claims. This includes medical records and reports from experts. Then, your lawyer will present your case in before an impartial jury and judge.
What can an Erb's Palsy lawyer help me?
Many parents seek out a lawyer after their child has suffered a birth injury. These injuries can be the result of medical malpractice by doctors or other hospital staff. A qualified Erb’s palsy lawyer can assist you in determining if the injury suffered by your child was caused by medical malpractice and guide you through legal proceedings.
If your child's shoulder dystocia occurred caused by a doctor or hospital's negligence or carelessness, they could be accountable for the injuries suffered by your child. These damages include compensation for medical bills, lost wages and discomfort and pain.
A good attorney from Erb's Palsy will determine if your child's injury was the result of medical negligence and then create an effective case on your behalf to hold the responsible party accountable for their actions.
Conditions that can cause shoulder dystocia are often predictable and can be prevented. If medical professionals fail follow the proper precautions, they could be held accountable for the injuries that result. A successful case could lead to a substantial award and a lifetime of medical treatment. A lawyer who is experienced in Erb's psy will make sure you receive the compensation you are entitled to.
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