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Filing an Erb's Palsy Lawsuit
A lawsuit filed in court can provide families financial compensation that can aid in the payment of their child's medical treatment. It is also a way to hold medical professionals accountable for injuries to the brachial-plexus that could have been avoided.
This case involves a child who developed Erb's palsy due to complications during her birth. She was born breech and shoulder dystocia (when the child's shoulders become stuck during the delivery). Her injury was caused due to medical negligence.
What is the Cause of Erb's Palsy?
The brachialplexus is an intricate network of nerves in the neck and shoulder that sends signals to muscles of the arms, hands, and fingers. When this nerve system is damaged, a baby can develop Erb's Palsy.
This is a common occurrence during difficult deliveries, prolonged labors, and breech births. In a difficult delivery doctors might have to use force to pull the baby out of the vaginal canal and this could stretch the baby's neck or head. This can cause an injury to the traction nerves are stretched. If the force is too high it can lead to rupture where the nerves are cut off from their spinal cord.
The majority of children with Erb's Palsy will fully recover and have no lasting damage. However it can cause weakening, limited ranges of motion, and distinct difference between the dominant and non-dominant hand. Treatment can include physical therapy to accelerate the natural healing process and to assist them in achieving better range of motion and feeling in their affected hand faster.
How Can I Tell If My Child is Having Erb's Palsy?
The symptoms of erb's spalsy include weakness or paralysis to varying degrees in the arm and shoulder. The good news is that most children with erb’s palsy recover fully, even though the condition is generally permanent.
erb's palsy attorney new york -plexus network of nerves connects the neck (clavicle) and torso to the spinal cord, allowing motion, feeling, and support for the shoulder, arm, and hand. This nerve is susceptible to injury by pulling or stretching it.
This kind of injury is usually resulted from a difficult delivery using force and a baby that is large, breech presentation and an extended second stage of labour.
A doctor can identify erb's palsy by conducting an EMG which determines how well nerves and muscles function. The doctor can also request an MRI, CT, or other imaging test to get images of the insides of the body. They can identify the type of erb's syndrome like neuroma, an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of torn away from the spine). Certain patients with erb's palsy require surgery, which requires the grafting of healthy nerves and splicing them.
What Can I Do to Determine if Medical malpractice caused my child's Erb's Palsy?
A child who suffers from Erb's palsy should seek medical treatment. The treatment can be expensive and last for months or even years. Medical malpractice lawsuits can help families cover the cost of this care.
Erb's Palsy happens by upper nerves in the brachialplexus become injured during a difficult labor. This kind of injury is usually caused by traction or stretching the nerves of the shoulder during a difficult delivery for example, when a large baby or a small woman is involved.
To file a medical malpractice case, the plaintiff has to show that the healthcare professional did not adhere to the standards of care appropriate for the role and position in the context. Expert evidence can be used to demonstrate this. Medical malpractice claims are based on the actions of healthcare professionals and therefore it is essential to hire a lawyer who has expertise in these types of cases. This will give you the best chance to prove that your child's Erb's Palsy was caused by medical negligence.
What is the value of Erb's Palsy verdicts worth?
The extent of your child's Erb's syndrome case will determine how much compensation you receive. This is why it's crucial to seek out a skilled birth injury lawyer immediately if you suspect medical negligence.
A successful lawsuit for Erb's palsy could award you substantial financial compensation that will cover current and future medical costs for your child. This includes therapy, surgeries as well as assistive devices.
Some children's Erb palsy will heal itself as time passes, but other children may need surgery to repair tears or avulsions of the brachial nerves. If this is the case, you could be entitled to even more substantial damages.
Most Erb's palsy lawsuits are settled without a trial which means that the defendant pays you a certain amount to settle your claim without going to trial. If you're not able to reach a settlement with the defendant, then your lawyer will prepare a trial by collecting evidence and bringing in medical malpractice experts to support your claims. This includes medical records, testimony from witnesses and expert witness reports. Your lawyer will then present your case to a judge and jury.
How can an Erb's Palsy lawyer help me?
Many parents seek legal advice when their child is injured during birth. These injuries could be caused by medical negligence by doctors or other hospital personnel. A qualified Erb's-Palsy attorney can assist you in determining the extent of your child's injury caused by negligence and will guide you through the legal procedure.
If the shoulder dystocia you have observed in your child's shoulder was caused by negligence by a hospital or doctor they could be accountable for your child’s damages. These damages may include compensation for medical bills or lost wages, as well as discomfort and pain.
A reputable Erb's-Palsy lawyer will determine if the injury to your child was due to medical malpractice, and build a case on your behalf to hold the accountable parties accountable for their actions.
Conditions that can lead to shoulder dystocia are usually predictable and treatable. If medical professionals fail to take necessary precautions, then they can be held accountable for any injuries resulting from. A successful claim could lead to a substantial award and a lifetime of medical treatment. An experienced lawyer at Erb's Palsy will ensure that you receive all the compensation that you deserve.