Filing an Erb's Palsy Lawsuit
A lawsuit can offer families financial compensation to pay for the treatment of their child. erb's palsy lawsuit laguna niguel is also a way to hold medical professionals accountable for brachial-plexus injuries that could have been avoided.
This case concerns a girl who was diagnosed with Erb's palsy due to complications during her birth. She was born breech and shoulder dystocia (when the baby's shoulders become stuck during delivery). The injury was due to medical negligence.
What is the cause of Erb's Palsy?
The brachialplexus is a network of nerves in the neck and shoulder that transmits signals to muscles in the hands, fingers and arms. When this system of nerves is damaged, an infant is susceptible to developing Erb's Palsy.
This condition is more prevalent during difficult births, long labors, and breech births. In an uneasy birth, doctors may need to force the baby through the vaginal tube. This may stretch the neck or head of the baby. This can result in injuries from traction, where nerves are stretched. If the force is too great it could cause a rupture in which the nerves are pulled away from their spinal cord.
Most children with Erb's Palsy recover completely and suffer no permanent harm, but this condition can leave them with weakness, limited range of motion and a noticeable difference between their dominant and non-dominant arm. Physical therapy can be utilized to accelerate the healing process and make patients feel better in their affected hand.
How Do I Know if My Child Has Erb's Palsy?
The symptoms of Erb's Palsy include weakness or paralysis, to varying degrees, within the arm and shoulder. The good news is that the majority of children with erb’s palsy recover completely, even though the condition is generally permanent.
The brachial nerve system connects the neck, (clavicle), and torso to the spinal cord. This allows for movement, sensation, and support for the arm, hand and shoulder. This nerve could be injured by stretching or pulling it.
Difficult delivery and the use of force during childbirth, large baby size, breech display, and prolonged second stage labor are all common risk factors for this type of injury.
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 capture images of the insides of the body. They can determine if the erb's condition is an avulsion, a nerve or a neuropraxia. This is a neuropathy that occurs when the nerve is stretched, instead of torn away from the spine. Certain patients with erb's palsy require surgery, which includes the grafting of healthy nerves and splicing them.
How can I tell if Medical malpractice caused my child's Erb’s Palsy?
A child suffering from Erb's palsy should seek medical treatment. This treatment can be costly and can last for months or even years. Medical malpractice lawsuits can help families cover the cost of these services.
Erb's palsy is caused due to damage to the upper nerves of the brachial plexus after a difficult or prolonged delivery. This type of injury is usually caused by stretching or traction of the nerves of the shoulder during a difficult delivery, like when a big baby or a small woman is involved.
To file a medical negligence case, the plaintiff needs to demonstrate 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 by using expert testimony. Medical malpractice claims are based on actions of healthcare professionals, therefore it is important to hire an attorney who has experience in these types of cases. This will give you the best chance to prove that negligence in the medical field caused your child's Erb palsy.
How much are Erb's Palsy verdicts worth?
The extent of the Erb's-Palsy case for your child will determine you'll be able to receive compensation. This is why it's essential to consult an experienced birth injury attorney immediately if you suspect medical negligence.
A successful Erb's-Palsy lawsuit could result in significant financial compensation to cover the current and future medical costs for your child. This includes physiotherapy, surgery, assistive devices, and more.
Certain children's Erb's Palsy can heal on its own within time, while others require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the case, you may be entitled to more severe damages.
The majority of Erb's palsy lawsuits settle out of court that is, the defendant will pay an amount set to settle your dispute without going to trial. If you're not able to reach an agreement with the defendant, your lawyer will prepare a trial by gathering evidence and bringing in medical malpractice experts to support your claims. This includes medical records as well as reports from expert witnesses. Then, your lawyer will present your case front of the jury and a judge.
How can an Erb's Palsy lawyer help me?
Many parents seek out a lawyer after a child is injured birth injury. These injuries could be caused by medical negligence by doctors and other hospital personnel. An experienced Erb's Palsy attorney can assist you in determining the extent of your child's injury due to malpractice and guide you through the legal process.
If your child's shoulder dystocia occurred caused by a doctor or hospital's negligence and/or negligence, they could be held accountable for your child's injuries. These damages can include the cost of medical bills, lost wages and pain and discomfort.
A good attorney from Erb's Palsy will determine if your child's injury was caused by medical negligence and then create a strong case on your behalf to hold the person responsible accountable for their actions.
Conditions that may cause shoulder dystocia often are predictable and preventable. When medical professionals fail to take the proper precautions, they could be held accountable for the injuries that result. A successful lawsuit could lead to a substantial award and lifetime medical treatment. An experienced lawyer in the field of Erb's Palsy will ensure you receive the compensation you deserve.
