Filing an Erb's Palsy Lawsuit
The filing of a lawsuit could award families financial compensation that will aid in paying for their child's treatment. It can also be used to ensure that medical professionals are held accountable for injuries to the brachial plexus which could have been avoided.
This case involves a small girl who developed Erb’s palsy because of complications during her birth. The birth was breech and shoulder dystocia (when the child's shoulders get stuck during the delivery). Her injury was caused by 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 fingers, hands and arms. If this nerve system is damaged, an infant is susceptible to developing Erb's Palsy.
This condition is prevalent during difficult delivery, prolonged labors and Breech births. In an uneasy delivery, doctors may have to exert force to get the baby out of the vaginal canal, and this can stretch the baby's neck or head. This could cause a traction injury where the nerves are stretched. If the force is too strong it can result in an injury where the nerves are cut off from their spinal cord.
Most children with Erb's Palsy recover completely and have no permanent harm, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant arm and the non-dominant hand. Treatment may include physical therapy to accelerate the healing process naturally and to aid in getting more movement and feel in their affected hand faster.
How Do I Know if My Child Has Erb’s Palsy?
The signs of erb's syndrome are weakness or paralysis--to varying degrees--of the shoulder and arm. erb's palsy law firm kansas city is that the majority of children born with erb's syndrome make full recoveries, although the condition is usually permanent.
The brachial nervous system connects the neck (clavicle), and torso to the spinal cord. This allows movement as well as sensation and support of the arm, hand and shoulder. When you pull or stretch this nerve can cause damage which can cause erb's palsy.
This kind of injury is usually caused by a difficult delivery and force and a baby that is large or breech delivery, and a long second stage of labour.
A doctor can diagnose erb's palsy by conducting an EMG, which measures how well nerves and muscles function. The doctor could also suggest an MRI, CT, or other imaging tests to take images of the inside of the body. They can determine if the erb's is an avulsion, a neuroma or a neuropraxia. This is a type of neuropathy that manifests when a nerve is stretched rather than ripped from the spine. Some cases of erb's spalsy require surgery that involves the splicing of healthy nerves and grafting them.
How Do I Know If My Child's Erb's Physical Disability Was Caused by Medical Malpractice?
A child who is suffering from Erb's palsy should seek medical attention. That treatment can be expensive and last for months or years. Medical malpractice lawsuits can help families pay for the cost of these services.
Erb's palsy occurs by the fact that the upper nerves of brachialplexus become injured during a difficult birth. This type of injury is typically caused by stretching or traction of the nerves of the shoulder during a difficult birth, like when a big baby or petite woman is involved.
To file a medical malpractice case the plaintiff must show that the healthcare professional did not meet the standard of care for his or her position and incident. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, which is why it is crucial to find an attorney with experience in these cases. This will give you the most effective chance of proving your child's Erb's palsy was caused by medical negligence.
What's the value of Erb's Palsy verdicts worth?
The severity of your child's Erb's palsy case will determine how much compensation you will receive. This is the reason it's so important to speak with an experienced birth injury attorney as soon as you suspect medical negligence.
If you prevail in your Erb's palsy lawsuit you could be awarded substantial financial compensation for both current and future medical expenses for your child. This includes treatments, surgeries as well as assistive devices.
Certain children's Erb's Palsy heals on its own in time, but some may require surgery to repair avulsions, tears, and tears in the brachial plexus nerves. If this is the case you may be entitled to even greater 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 case without needing to go to trial. However, if you are unable to reach an agreement with the defendant, your lawyer will prepare for trial by collecting evidence and bringing in experts in the Erb's Palsy cases to prove your claim of medical malpractice. This includes medical records and reports from experts. Your lawyer will then present your case to a judge and jury.
How can an Erb's Palsy lawyer help me?
Many parents contact a lawyer after their child has suffered a birth injury. These injuries could be due to medical malpractice by doctors or other hospital personnel. A qualified Erb's-Palsy attorney can assist you in determining whether your child's injury was caused by malpractice and help you navigate the legal procedure.
If the shoulder dystocia in your child was due to the negligence of a hospital or doctor, they could be responsible for the damage your child sustained. 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 the result of medical negligence, and create a case on your behalf in order to hold the accountable parties accountable for their actions.
The conditions that cause shoulder dystocia are often predictable and preventable. If medical professionals fail make the appropriate precautions, they could be held responsible for the injuries that result. A successful claim could lead to a substantial award and lifetime medical treatment. A lawyer with experience in the field of Erb's palsy will make sure that you receive the money you are entitled to.