Filing an Erb's Palsy Lawsuit
In the event of a lawsuit, it can award families financial compensation that will aid in the payment of the treatment of their child. It is also a way to bring medical professionals to account for injuries to the brachial plexus that could have been prevented.
This case concerns a girl who was diagnosed with Erb's palsy due to complications during her birth. The birth was breech and shoulder dystocia (when the shoulders of a child become stuck during birth). Her injury was due to medical negligence.
What is the cause of Erb's Palsy?
The brachialplexus is an intricate network of nerves in the shoulder and neck that transmits signals to muscles in the hands, arms and fingers. If this nerve system is damaged, a baby is susceptible to developing Erb's Palsy.
This condition is most common during difficult delivery, prolonged labors and Breech births. In difficult births doctors may have to use force to push the baby through the vaginal tube. This can stretch the neck or head of the baby. This can result in a traction accident where the nerves are stretched. If the force is too 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 weakness, limited range of motion and a noticeable difference between their dominant and non-dominant arm. Physical therapy is a way to speed up the healing process and help them feel better in their hand that is affected.
How Can I Tell If My Child has Erb's Palsy?
The signs of erb's syndrome are weakness or paralysis--to varying levels--of the arm and shoulder. The good news is most children suffering from erb's syndrome recover fully despite the fact that their condition is usually permanent.
The brachial nerve 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. The nerve can be injured by pulling or stretching it.
This type of injury is often caused by a difficult birth or force as well as a big baby present, breech and the long second stage of labour.
A doctor can diagnose erb's paralysis by performing an EMG which is a test to determine how well nerves and muscles function. The doctor could also suggest an MRI, CT, or other imaging tests to get images of the interior of the body. They can determine the type of erb's spalsy like neuroma, an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of being torn away from the spine). Some cases of erb's syndrome require surgery that involves splicing and grafting healthy nerves.
What Can I Do to Determine if Medical Malpractice Caused My Child's Erb's Palsy?
A child suffering from Erb's syndrome should seek medical treatment. This treatment can be costly and last for many months or even years. Medical malpractice lawsuits can aid families in paying for the cost of medical treatment.
Erb's Palsy is caused when upper nerves in the brachialplexus become injured during a difficult birth. This type of injury is usually caused by stretching or traction of the nerves of the shoulder during a difficult delivery, like when a large baby or a small woman is involved.
To file a medical negligence case, the plaintiff has to show that the healthcare professional didn't meet the standards of care that was appropriate to the position and position in the situation. This is done by using expert testimony. Medical malpractice claims are based upon the actions of healthcare professionals, so it's important to choose a lawyer who has years of experience handling these kinds of cases. This gives you the best opportunity 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 the Erb's palsy case for your child will determine how you will be compensated. This is the reason it's so important to speak with a seasoned birth injury attorney whenever you suspect medical negligence.
If you prevail in the Erb's-Palsy lawsuit you could be awarded substantial financial compensation for current and future medical expenses for your child. This includes physiotherapy, surgery as well as assistive devices and other things.
Some children's Erb palsy heals itself over time, however other children may require surgery to repair tears or avulsions of the brachial nerves. If this is the case, you may be entitled to even more substantial damages.
erb's palsy law firm buffalo of Erb's-Palsy lawsuits are settled out of court. This means that the defendant will pay a specific amount to settle your case without the need to go to trial. If you're unable reach an agreement with the defendant your lawyer will prepare for trial by collecting evidence and bringing in experts in cases involving Erb's palsy to support your claims of medical malpractice. This includes medical records and evidence from experts. Your lawyer will then present your case before the jury and a judge.
How can an Erb's Palsy lawyer help me?
Many parents seek legal counsel after their child suffers birth injuries. These injuries could be caused by medical negligence by doctors and other hospital staff. A qualified Erb's-Palsy attorney will help you understand the extent of your child's injury due to malpractice and help you navigate the legal process.
If the shoulder dystocia in your child was the result of a doctor's or hospital's negligence they could be responsible for the damage your child sustained. These damages include reimbursement for medical expenses and lost wages as well as pain and discomfort.
A good lawyer for Erb's Palsy will determine if the injury to your child was caused by medical negligence, and create a case on your behalf in order to hold the accountable parties accountable for their actions.
Conditions that may cause shoulder dystocia are usually predictable and treatable. If medical professionals fail to follow the proper precautions, they may be held accountable for the injuries that result. A successful lawsuit could result in a substantial amount and lifetime medical care. A knowledgeable lawyer from Erb's Palsy will ensure that you receive the compensation you are entitled to.