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Filing an Erb's Palsy Lawsuit
In the event of a lawsuit, it can award families an amount of money that could assist in paying for the treatment of their child. It can also be used to bring medical professionals to account for brachial-plexus injuries that could have been prevented.
This case involves a child who developed Erb's syndrome due to complications during her birth. She had a breech birth and shoulder dystocia (when the child's shoulders get stuck during birth). Her injury was the result of medical negligence.
What Causes Erb’s Palsy?
The brachialplexus is a network of nerves in the shoulder and neck which sends signals to muscles in the hands, fingers, and arms. Erb's Palsy can occur when this system of nerves becomes damaged.
This condition is more prevalent in difficult deliveries, long labours, and breech births. In an uneasy birth, doctors may need to use force to push the baby through the vaginal tube. This could stretch the neck or head of the infant. erb's palsy attorney north las vegas could cause injuries from traction, where nerves are stretched. If the force is too strong, it could cause a rupture, where nerves are ripped from their spinal cord (an Avulsion).
The majority of children with Erb's Palsy recover fully and have no permanent injuries, but this condition can cause an inability to move, a restricted range of motion and a noticeable difference between their dominant arm and the arm that is not dominant. Physical therapy can be used to accelerate the healing process and make them feel better in their hand that is affected.
How can I tell If My Child has Erb's Palsy?
The symptoms of Erb's Palsy include weakness or paralysis, to varying degrees, in the arm and shoulder. The good news is that most children born with the condition have full recovery, but their condition can be permanent.
The brachial nerve system connects the neck, (clavicle), and torso to the spinal cord. This allows for movement as well as sensation and support for the arm, hand and shoulder. Pulling or stretching this nerve can cause injury to the nerve, resulting in erb's palsy.
This kind of injury can be resulted from a difficult delivery, the use of force as well as a big baby, breech presentation and an extended second stage of labour.
An EMG can be used to diagnose Erb's palsy. This test measures the performance of muscles and nerves. The doctor may also recommend an MRI or CT to take pictures of the insides of your body. They can determine the kind of erb's paralysis, such as neuroma, avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched rather than torn away from the spine). Certain cases of erb's paralysis require surgery that involves the splicing and grafting of healthy nerves.
How Can I Tell What to Do If My Child's Erb's Syndrome Was Caused by Medical Malpractice?
A child suffering from Erb's Palsy needs medical treatment. That treatment can be expensive and can take months or even years to complete. Medical malpractice lawsuits can help families pay for the cost of medical treatment.
Erb's syndrome is caused by 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 stretching or traction of muscles in the shoulder during the birth process, such as one which involves a big infant or a smaller mother.
To file a medical negligence claim, the plaintiff needs to show that the healthcare professional did not meet the standard of care that was appropriate to the job and position in the scenario. This is done through expert testimony. Medical malpractice claims are based upon the actions of healthcare providers, so it's important to select a lawyer who has prior experience in these cases. This will give you the most effective chance of proving your child's Erb's palsy was the result of medical negligence.
What is the value of Erb's Palsy Case Verdicts Worth?
The severity of the Erb's palsy case for your child will determine you'll receive compensation. This is why it's crucial to seek out a skilled birth injury lawyer when you suspect medical negligence.
If you are successful in your Erb's palsy lawsuit you could get significant financial compensation for current and future medical expenses for your child. This includes therapy, surgery, assistive devices, and more.
Certain children's Erb's Palsy will heal on its own in time, however others may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the case you could be entitled to more severe damages.
Most lawsuits for Erb's Palsy are settled out of court. This means that the defendant has to pay a certain amount to settle your claim without needing to go to trial. But if you're unable to reach an agreement with the defendant, your lawyer will prepare for trial by collecting evidence and bringing in experts in Erb's cases to prove your claims of medical malpractice. This includes medical records as well as reports from expert witnesses. Your lawyer will then present your case before the jury and a judge.
What can an Erb's Palsy lawyer assist me?
Many parents contact a lawyer after their child has suffered a birth injury. These injuries may be through medical malpractice by doctors or other hospital staff. An experienced Erb's Palsy attorney will assist you in understanding the possibility that your child's injuries were caused by negligence and will assist you in the legal process.
If the shoulder dystocia you have observed in your child was caused by a doctor's or hospital's negligence they could be responsible for the damage your child sustained. These damages may include compensation for the medical bills for your child along with lost wages, pain and suffering.
An experienced Erb's Palsy lawyer will determine if your child's injury 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 foreseeable and preventable. If medical experts fail to take the appropriate precautions, then they can be held accountable for any injuries that result. A successful lawsuit could result in a significant award and lifelong medical care. An experienced lawyer at Erb's Palsy will ensure that you receive the compensation you deserve.
