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Filing an Erb's Palsy Lawsuit
A lawsuit can provide families with an amount of money to pay for the treatment of their child. It can also help hold medical professionals responsible for injuries to the brachial plexus that could be prevented.
This case involves a girl who developed Erb's palsy due to complications in her birth. She had a breech birth and shoulder dystocia (when the child's shoulders become stuck during the delivery). Her injury was the result of medical negligence.
What is the cause of Erb's Palsy?
The brachialplexus is a network of nerves in the shoulder and neck that transmits signals to muscles in the hands, fingers and arms. Erb's Palsy may occur when this system of nerves gets damaged.
This type of condition is common during difficult delivery, prolonged labors, and the births that are breech. In a difficult delivery doctors might have to exert force to get the baby out of the vaginal canal and this can stretch the baby's neck or head. This could result in an accident of traction where nerves get stretched. If the force is excessively strong, it could result in a rupture where nerves are pulled away from their spinal cord (an Avulsion).
The majority of children with Erb's Palsy recover completely and have no permanent damage, but this condition can cause weakness, limited range of motion, and a noticeable difference between their dominant arm and the arm that is not dominant. Physical therapy is a way to speed up the healing process and make patients feel better in their hand that is affected.
How Do I Know If My Child is Having Erb's Palsy?
The symptoms of erb's paralysis are paralysis or weakness to various degrees--of the shoulder and arm. The good news is that many children who have erb's syphilis recover completely, even though the condition is generally permanent.
The brachial nervous 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 pulling or stretching of this nerve causes injury which can cause erb's palsy.
Difficult delivery and the use of force during childbirth, large baby size, breech display, and a long second stage of labor are common risk factors for this type of injury.
A doctor can diagnose erb's paralysis by performing an EMG that measures the extent to which nerves and muscles function. The doctor may also recommend an MRI or CT to capture images of the insides of the body. They can determine if the erb's condition is an avulsion, a neuroma or the neuropraxia, a neuropathy that occurs when nerves are stretched rather than ripped from the spine. Some erb’s palsy patients require surgery, which involves the grafting of healthy nerves and splicing them.
How Do I Determine If Medical malpractice has caused my child's Erb's Palsy?
A child who suffers from Erb's 'Palsy' needs medical care. This treatment can be costly and can last for a number of months or even years. erb's palsy attorneys ofallon may help families pay the costs of care.
Erb's palsy occurs by upper nerves in the brachialplexus are injured during a difficult birth. Most of the time, this type of injury is caused by stretching or traction of the nerves in the shoulder area during difficult births, such as one that involves a large infant or a smaller mother.
To file a medical negligence claim, the plaintiff needs to demonstrate that the healthcare professional did not adhere to the standards of care appropriate to the job and position in the scenario. This is accomplished through expert testimony. Medical malpractice claims are based on the actions of healthcare professionals, so it's important to select a lawyer who has expertise in these types of cases. This gives you the best chance to prove that medical negligence caused your child's Erb palsy.
How Much Are Erb's Palsy Case Verdicts Worth?
The extent of your child's Erb's Palsy case will determine the amount of compensation you receive. This is why it's essential to consult an experienced birth injury attorney when you suspect medical negligence.
If you are successful in the Erb's-Palsy lawsuit you could be awarded substantial financial compensation for your current and future medical expenses for your child. This includes therapies, surgeries as well as assistive devices.
Some children's Erb palsy heals by 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 serious damages.
Most Erb's palsy lawsuits settle out of court that is, the defendant will pay a certain amount to settle your dispute without having to go to trial. If you're unable to reach an agreement with the defendant, then your lawyer will prepare a trial through gathering evidence and hiring medical malpractice experts to support your claims. This includes medical records, testimony from witnesses, and expert witness reports. Your lawyer will present your case before an impartial jury and judge.
How can an Erb's Palsy lawyer assist me?
Many parents seek legal advice after their child suffers birth injuries. These injuries can result from medical malpractice by doctors and other hospital personnel. A qualified lawyer for Erb's palsy will help you determine if the injury suffered by your child was the result of medical malpractice and guide you through legal procedures.
If your child's shoulder dystocia was due to a medical professional or hospital's negligence, they could be liable for the injuries suffered by your child. These damages can include the cost of medical bills as well as lost wages, discomfort and pain.
A good attorney from Erb's Palsy will determine if the 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 typically pre-planned and avoidable. If medical professionals fail to take the proper precautions, they can be held accountable for the injuries that result. A successful claim could result in a substantial settlement and lifetime medical treatment. A lawyer with experience in the field of Erb's Palsy will ensure that you get the compensation you deserve.
