Filing an Erb's Palsy Lawsuit
In the event of a lawsuit, it can award families with an amount of money that could aid in the payment of their child's treatment. It is also a way to ensure that medical professionals are held accountable for injuries to the brachial plexus which could have been prevented.
This case involves a little girl who was diagnosed with Erb's palsy as a result of complications during her birth. She was born breech and suffered shoulder dystocia. This is when the shoulders of a baby become stuck during delivery. Her injury was by medical negligence.
What Causes Erb’s Palsy?
The brachialplexus is a set of nerves in the neck and shoulder which transmits signals to muscles of the arms, hands, and fingers. Erb's Palsy is a condition that can occur when this system of nerves is damaged.
This condition is more prevalent in difficult deliveries, prolonged labours, and breech-births. In an uneasy birth, doctors may need to use force to push the baby through the vaginal tube. This could cause stretching of the neck or head of the baby. This can cause a traction injury where the nerves are stretched. If the force is too strong, it can 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 this condition can lead to limitations in range of motion, and noticeable difference between the dominant and non-dominant arms. Treatment options include physical therapy to accelerate the healing process naturally and to aid in getting better range of motion and feeling in their affected hand sooner.
How Can I Tell If My Child is Having Erb's Palsy?
The symptoms of Erb's palsy include paralysis or weakness to various degrees, in the arm and shoulder. The good news is that a majority of children born with the condition are fully recovered, even though the condition is typically permanent.
The brachial system of nerves connects the neck (clavicle) and the torso to spinal cord, which allows movement, feeling and support for the shoulder, arm and hand. This nerve is susceptible to injury by stretching or pulling it.
This type of injury is typically caused by a difficult delivery or force or a large baby or breech presentation, as well as a long second stage of labour.
An EMG can be used to diagnose Erb's palsy. This test measures the functioning of muscles and nerves. The doctor may also request an MRI or CT to capture pictures of the insides of the body. They can determine the cause of erb's paralysis that is present, including neuroma, an avulsion, or neuropraxia (neuropathy that develops when the nerve is stretched rather than torn away from the spine). Some patients with erb's paralysis require surgery, which includes connecting healthy nerves, and then grafting them.
How Do I Determine If My Child's Erb's Palsy was the result of medical malpractice?
A child suffering from Erb's Palsy must seek medical treatment. This treatment can be expensive and can last for months or even years. erb's palsy law firm grand rapids can help families pay for the cost of this treatment.
Erb's Palsy happens by the fact that the upper nerves of brachialplexus become injured during a difficult birth. Most often this kind of injury is caused by stretching or traction of the nerves in the shoulder area during an uneasy birth like one that involves a large infant or a small mother.
In order to file a medical negligence lawsuit, the plaintiff must to show that the healthcare professional didn't meet the standards of care that was appropriate for the role and position in the context. Expert testimony can be used to support this. Medical malpractice claims are based on the actions of healthcare providers, so it's important to select a lawyer who has years of experience handling these types of cases. This will give you the best chance of proving your child's Erb's palsy was the result of medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The severity of your child's Erb's Palsy case will determine how much compensation you will receive. This is why it's crucial to speak with an experienced birth injury lawyer immediately if you suspect medical negligence.
A successful Erb's palsy lawsuit could earn you significant financial compensation to cover current and future medical expenses for your child. This includes surgery, therapy assistive devices, more.
Some children's Erb palsy heals by itself over time, but other children may require surgery to repair avulsions or tears of the brachial nerves. If this is the case, you may be entitled to further serious damages.
The majority of Erb's-Palsy lawsuits are settled out of court. This means that the defendant has to pay a set amount to settle your claim without needing to go to trial. If you're unable reach an agreement with the defendant, then your lawyer will prepare a trial through gathering evidence and hiring medical experts to defend your claims. This includes medical records and evidence from experts. Your lawyer will then present your case before the jury and a judge.
How can an Erb's Palsy lawyer help me?
Many parents seek legal advice after their child suffers birth injuries. These injuries can be caused due to medical malpractice by doctors or other hospital staff. A qualified Erb's palsy lawyer can help you determine if the injury suffered by your child was the result of medical negligence and guide you through legal proceedings.
If the shoulder dystocia that you experience in your child was the result of a doctor's or hospital's negligence they could be accountable for the damages your child suffered. These damages could include compensation for medical bills, lost wages and pain and discomfort.
A good lawyer for Erb's Palsy will determine if the injury to your child was the result of medical malpractice, and then develop a case on your behalf to hold the responsible parties accountable for their actions.
The conditions that cause shoulder dystocia are usually predictable and preventable. If medical experts fail to take the appropriate precautions, they could be held responsible for any injuries that result. A successful lawsuit could result in a substantial payout as well as lifetime medical treatment. A knowledgeable lawyer from Erb's Palsy will ensure that you receive all the compensation you deserve.
