Filing an Erb's Palsy Lawsuit
A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It can also be used to bring medical professionals to account for injuries to the brachial plexus that could have been avoided.
This case concerns a young girl who developed Erb's palsy as a result of complications during her birth. She had a breech birth and shoulder dystocia (when the shoulders of a child become stuck during delivery). Her injury was caused by medical negligence.
What Causes Erb's Palsy?
The brachialplexus is a set of nerves in the neck and shoulder that transmits signals to muscles of the hands, arms, and fingers. Erb's Palsy may occur when this system of nerves gets damaged.
This is more prevalent when there are difficult births, lengthy labors, and breech-births. In an uneasy delivery, doctors may have to apply pressure to push the baby out of the vaginal canal and this may cause stretching of the baby's neck or head. This could result in a traction injury where the nerves are stretched. If the force is too great it can result in a rupture in which the nerves are pulled away from their spinal cord.
Most children suffering from Erb's Palsy recover fully and have no permanent damage, but this condition can leave them with weakness, limited range of motion and a noticeable distinction between their dominant arm and the arm that is not dominant. Treatment options include physical therapy to accelerate the healing process naturally and help them attain greater range of motion and feel in their affected hand faster.
How do I know If My Child is Having Erb's Palsy?
The symptoms of erb's paralysis are weakness or paralysis--to varying levels--of the arm and shoulder. The good news is that most children suffering from erb's syndrome recover fully despite the fact that their condition is generally permanent.
The brachial plexus system of nerves connects the neck (clavicle) and the torso to spinal cord, allowing for mobility, feeling and support of the arm, shoulder, and hand. This nerve is susceptible to injury by stretching or pulling it.
Involvement in difficult delivery and the use of force during childbirth, large baby size, breech presentation and a prolonged second stage of labor are common risk factors for this type of injury.
An EMG can be used to identify Erb's-Pallsy. This test measures the activity of muscles as well as nerves. The doctor could also suggest an MRI, CT, or other imaging tests to obtain images of the insides of the body. They can determine if the erb's is an avulsion or aneurism or neuropraxia, which is an autoimmune condition that occurs when a nerve is stretched instead of torn away from the spine. Some cases of erb's spalsy require surgery that involves cutting and grafting healthy nerves.
How can I tell if Medical malpractice has caused my child's Erb’s Palsy?
A child suffering from Erb's Palsy should seek medical attention. The treatment can be costly and may last for months or years. Medical malpractice lawsuits can assist families in paying for the cost of medical treatment.
Erb's palsy occurs by the fact that the upper nerves of brachialplexus get injured during a difficult birth. In most cases this kind of injury is caused by stretching or traction of the muscles in the shoulder during an uneasy birth like one which involves a big infant or a petite mother.
To be able to file a medical malpractice claim the plaintiff must establish that the healthcare professional failed to adhere to the standard of care for the position and situation. This is done by using expert testimony. Medical malpractice claims are based on actions of healthcare professionals. Therefore, it is essential to employ an attorney with expertise in these cases. This will give you the best chance to prove that your child's Erb's palsy was caused by medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The extent of your child's case will determine the amount of you'll receive in compensation. This is why it's essential to speak with an experienced birth injury lawyer as soon as you suspect medical negligence.
A successful lawsuit for Erb's palsy could award you substantial financial compensation to cover current and future medical expenses for your child. This includes therapies, surgeries aidive devices, surgeries and more.
Some children's Erb palsy heals by itself with time, but other children may need surgery to repair tears or avulsions of the brachial nerves. If this is the case, you may be entitled to further substantial damages.
Most of the cases involving Erb's palsy are settled out of court and the defendant will pay you an amount that will settle your case without going to trial. If you're unable reach an agreement with the defendant, your lawyer will prepare for trial by gathering evidence and hiring experts in Erb's cases to prove your claims of medical malpractice. This includes medical records, testimony from witnesses and expert witness testimony. Then, erb's palsy lawsuit georgia will present your case front of a judge and jury.
What can an Erb's Palsy lawyer assist me?
Many parents consult a lawyer after a child is injured birth injury. These injuries can occur through medical malpractice by doctors or other hospital staff. An experienced Erb's Palsy attorney will help you understand the possibility that your child's injuries were due to malpractice and assist you in the legal process.
If the shoulder dystocia in your child was the result of negligence by a hospital or doctor they could be accountable for the damages your child suffered. These damages could include the cost of the medical bills for your child along with lost wages, pain and suffering.
A good Erb's palsy attorney will determine if your child's injury was the result of medical malpractice and then build an effective case on your behalf to hold the accountable party accountable for their actions.
The conditions that cause shoulder dystocia can be predictable and preventable. If medical professionals fail to take necessary precautions, they could be held responsible for any injuries that may result from. A successful case could result in a substantial amount and lifetime medical treatment. A lawyer who has experience in the field of Erb's palsy will make sure you receive the compensation you deserve.