Filing an Erb's Palsy Lawsuit
Filing a lawsuit can award families money to 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 involves a child who developed Erb's palsy due to complications during her birth. She had a breech birth 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 brachial plexus is a system of nerves in the neck and shoulder which transmits signals to muscles of the hands, arms, and fingers. Erb's Palsy can develop when this nerve system gets damaged.
This is a common occurrence when there are difficult births, long labors and breech births. In a difficult delivery doctors may have to force the baby out of the vaginal canal, and this can stretch the baby's neck or head. This can cause a traction injury where the nerves are stretched. If the force is too strong, it could cause a rupture where nerves are pulled away from their spinal cord (an avulsion).
The majority of children with Erb's Palsy will fully recover and do not sustain any permanent damage. However the condition can cause weakening, limited ranges of motion, as well as obvious difference between dominant and non-dominant arm. Treatment options include physical therapy to speed up the healing process naturally and to aid in getting better movement and sensation in their affected hand earlier.
How Can I Tell if My Child Has Erb's Palsy?
The symptoms of Erb's 'Palsy' include paralysis or weakness to varying degrees, in the shoulder and arm. The good news is that a majority of children born with erb's syndrome are fully recovered, even though their condition can be permanent.
The brachial nerve connects the neck, (clavicle), and torso, with the spinal cord. This allows for movement, sensation, and support of the arm, hand and shoulder. This nerve could be injured by stretching or pulling it.
This kind of injury can be caused by a difficult labour or force and a baby that is large or breech presentation, as well as the length of the second stage labour.
An EMG can be used to diagnose Erb's Palsy. The test is a way to determine the performance of muscles and nerves. The doctor could also suggest an MRI, CT, or other imaging tests to take images of the interior of the body. erb's palsy law firm miramar can determine if the erb's condition is an avulsion, a neuroma or the neuropraxia, 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 Do I Determine If My Child's Erb's Physical Disability Was Caused by Medical Malpractice?
A child who suffers from Erb's palsy needs to seek medical treatment. This treatment can be costly and can last for a number of months or even years. Medical malpractice lawsuits could help families pay the costs of treatment.
Erb's palsy is caused due to injuries to the upper nerves of the brachial system during the labor process, which can be difficult or long. Most often this kind of injury results from traction or stretching of the muscles in the shoulder during the birth process, such as one that involves a large baby or a small mother.
To start a medical negligence case the plaintiff must demonstrate that the healthcare professional failed to adhere to the standard of care for his or her position and the role they played in the situation. This is accomplished through expert testimony. Medical malpractice claims are based on the actions of healthcare providers and therefore it is essential to find a lawyer that has years of experience handling these types of cases. This will give you the best chance of proving that your child's Erb's syndrome was caused by medical negligence.
What's the value of Erb's Palsy verdicts worth?
The extent of your child's Erb's palsy case will determine how much compensation you receive. It is important to speak with an attorney for birth injuries immediately if you suspect medical negligence.
If you prevail in your Erb's palsy lawsuit you could get significant financial compensation to cover current and future medical expenses for your child. This includes surgery, therapy, assistive devices, and more.
Some children's Erb palsy heals by itself over time, but other children may require surgery to repair tears or avulsions of the brachial nerves. If this is the situation you could be entitled to even more serious damages.
Most lawsuits for Erb's Palsy are settled out of court. This means that the defendant will pay a certain amount to settle your claim without needing to go to trial. If you're unable reach a settlement with the defendant, your lawyer will prepare a trial through gathering evidence and hiring medical malpractice experts to back your claims. This includes medical records, evidence from witnesses and expert witness statements. Your lawyer will then argue your case before a judge and jury.
What Can Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?
Many parents consult a lawyer when their child suffers a birth injury. These injuries could be the result of medical malpractice by doctors and other hospital staff. A qualified Erb's palsy lawyer can help you determine if the injury to your child was the result of medical negligence and guide you through legal procedures.
If your child's shoulder dystocia was due to a doctor's or hospital's negligence or carelessness, they could be accountable for your child's injuries. These damages may include reimbursement for medical bills and lost wages as well as discomfort and pain.
An experienced Erb's Palsy lawyer will determine if the injury suffered by your child resulted from medical malpractice, and then construct a strong case on your behalf to hold the accountable party accountable for their actions.
The conditions that cause shoulder dystocia are often easily preventable and foreseeable. When medical professionals fail to take the proper precautions, they may be held accountable for the injuries that result. A successful lawsuit could lead to a substantial award and a lifetime of medical treatment. An experienced lawyer in Erb's psy will make sure that you receive the amount you are entitled to.