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Filing an Erb's Palsy Lawsuit
Filing a lawsuit can award families with financial compensation that will help pay for their child's treatment. It is also a way to bring medical professionals to account for injuries to the brachial plexus which could have been prevented.
This case involves a child who was diagnosed with Erb's Palsy due to complications during her delivery. She was born breech and suffered shoulder dystocia. It occurs when the shoulders of a child become stuck during birth. Her injury was caused due to medical negligence.
What is the reason for Erb's Palsy?
The brachialplexus nerve system is located in the shoulder and neck that sends signals to muscles in the hands, fingers and arms. Erb's Palsy is a condition that can occur when this nerve system becomes damaged.
This condition is prevalent during difficult delivery, prolonged labors and the births that are breech. In a difficult delivery doctors might have to force the baby out of the vaginal canal which can cause stretching of the baby's neck or head. This can result in an accident of traction where nerves get stretched. If the force is too strong, it may cause a rupture where nerves are separated from their spinal cord (an Avulsion).
The majority of babies suffering from Erb's Palsy will recover completely and have no lasting damage. However this condition can lead to limitations in range of motion, and distinct difference between the dominant and non-dominant hand. Physical therapy can be used to accelerate the healing process and make patients feel better in their hand that is affected.
How do I know If My Child Is Having Erb's Palsy?
The signs of erb's syndrome are weakness or paralysis--to varying extents--of the arm or shoulder. The good news is that most children suffering from erb's syndrome recover completely, even though the condition is generally permanent.
The brachial-plexus network of nerves connects the neck (clavicle) and the torso to the spinal cord, which allows motion, feeling, and support for the arm, shoulder, and hand. This nerve is susceptible to injury by stretching or pulling it.
This type of injury is typically caused by a difficult labour or force and a baby that is large present, breech and an extended second stage of labour.
A doctor can diagnose erb's paralysis by conducting an EMG which is a test to determine how well muscles and nerves function. The doctor can also request an MRI, CT, Erb's palsy Lawsuits or other imaging tests to get images of the insides of the body. They can determine if the erb's condition is a neuroma, an avulsion or neuropraxia, which is a form of neuropathy that develops when the nerve is stretched, rather than torn from the spine. Certain patients suffering from erb's syndrome require surgery, which includes the grafting of healthy nerves and splicing them.
How Do I Find Out If My Child's Erb's Symptoms Was the result of medical malpractice?
A child suffering from Erb's Palsy requires medical care. The treatment can be costly, and it may be a long time coming. Medical malpractice lawsuits can help families cover the cost of this care.
Erb's Palsy is caused by injuries to the upper nerves of the brachial nerve plexus during the labor process, which can be difficult or long. Most of the time, this type of injury is caused by stretching or traction of muscles in the shoulder during a difficult birth like one that involves a large baby or a mother who is petite.
To bring a medical negligence case, the plaintiff has to demonstrate that the healthcare professional did not meet the standard of care appropriate to the position and position in the context. Expert evidence is used to show this. Medical malpractice claims are based upon the actions of healthcare providers and therefore it is essential to find a lawyer that has prior experience in these types of cases. This gives you the best opportunity to prove that negligence in the medical field caused your child's Erb palsy.
What is the value of Erb's Palsy Case Verdicts Worth?
The extent of your child's Erb's Palsy case will determine how much compensation you'll receive. It's important to consult an attorney for birth injuries as soon as you can if you suspect medical malpractice.
A successful Erb's Palsy lawsuit could win you significant financial compensation to cover the current and future medical expenses for your child. This includes therapy, surgeries as well as assistive devices.
Some children's Erb's syndrome will heal on its own in time, but others may require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case, you may be entitled to further serious damages.
Most Erb's palsy lawsuits settle out of court, which means the defendant pays you a certain amount to settle your dispute without going to trial. But if you're unable to reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and hiring experts in the Erb's Palsy cases to support your claims of medical malpractice. This includes medical records and reports from experts. Then, your lawyer will present your case in front of the jury and a judge.
How can an Erb's Palsy lawyer assist me?
Many parents seek legal advice when their child suffers birth injuries. These injuries can occur because of medical malpractice committed by doctors or other hospital staff. A qualified Erb's-Palsy attorney will assist you in understanding whether your child's injury was due to malpractice and guide you through the legal procedure.
If your child's shoulder dystocia occurred due to a medical professional or hospital's negligence or carelessness, they could be accountable for the damages your child sustained. These damages may include the cost of the medical bills for your child or erb's Palsy lawsuits lost wages, as well as pain and suffering.
A good Erb’s palsy lawyer will determine if the injury to your child was the result of medical malpractice, and build a case on your behalf in order to hold the accountable parties accountable for their actions.
Conditions that can lead to shoulder dystocia can be predicted and preventable. If medical professionals fail to take the proper precautions, they could be held accountable for any injuries that occur as a result. A successful case could lead to a substantial award and lifelong medical care. An experienced lawyer at Erb's Palsy will ensure that you receive the compensation that you deserve.