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A lawsuit can offer families financial compensation to help pay for the treatment of their child. It could also assist in holding medical professionals responsible for preventable brachial plexus injuries.
This case involves a child who was diagnosed with Erb's palsy due to complications during her delivery. The birth was breech and shoulder dystocia (when the shoulders of a child become stuck during birth). Her injury was caused by medical negligence.
What is the Cause of Erb's Palsy?
The brachialplexus is a network of nerves in the neck and shoulder that sends signals to muscles in the fingers, hands and arms. When this nerve system is damaged, erb's palsy lawsuit an infant is susceptible to developing Erb's Palsy.
This is a common occurrence in difficult deliveries, long labors, and the births that are breech. In the event of a difficult birth, doctors may need to force the baby through the vaginal tube. This could stretch the neck or head of the infant. This could result in an injury from traction where the nerves are stretched. If the force is too high, it can cause an injury where the nerves are pulled away from their spinal cord.
Most children with Erb's Palsy recover completely and suffer no permanent injuries, but this condition can leave them with limitations in range of motion and a noticeable distinction between their dominant arm and the arm that is not dominant. Treatment may include physical therapy to accelerate the healing process naturally and to assist them in achieving greater range of motion and feel in their affected hand earlier.
How Do I Tell If My Child is Having Erb's Palsy?
The symptoms of erb's palsy are weakness or paralysis--to varying degrees in the arm and shoulder. The good news is that the majority of children born with the condition are fully recovered, even though the condition is typically permanent.
The brachial plexus system of nerves connects the neck (clavicle) and the torso to spinal cord, allowing for mobility, feeling and support of the arm, shoulder, and hand. Pulling or stretching this nerve causes injury which can cause erb's palsy.
A difficult delivery and the use of force during childbirth, large baby size, breech presentation and a prolonged second stage of labor are common risks for this type of injury.
An EMG can be used to diagnose Erb's Palsy. The test is a way to determine the function 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 type of erb's palsy such as neuroma Avulsion, or Neuropraxia (neuropathy that occurs when the nerve is stretched instead of tearing away from the spine). Some cases of erb's spalsy require surgery, which involves the splicing and grafting of healthy nerves.
How Do I Determine What to Do If My Child's Erb's Syndrome Was the result of medical malpractice?
A child with Erb's syndrome should seek medical attention. This treatment can be expensive and can last for a number of months or even years. Medical malpractice lawsuits may aid families in paying for the cost of care.
Erb's Palsy happens by upper nerves in the brachialplexus are injured during a difficult birth. This type of injury is usually caused by traction or stretching the nerves of the shoulder during a difficult delivery like when a big baby or petite woman is involved.
To file a medical malpractice case, the plaintiff has to establish that the healthcare provider did not adhere to the standards of care that was 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, therefore it is essential to employ an attorney who is experienced in these cases. This will give you the best chance to prove that negligence in the medical field caused your child's Erb palsy.
What is the value of Erb's Palsy Case Verdicts Worth?
The severity of the Erb's palsy case for your child will determine how much you receive in compensation. This is why it's essential to seek out a skilled birth injury lawyer when you suspect medical negligence.
A successful Erb's palsy lawsuit could earn you significant 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 heals itself with time, but others may require surgery to repair tears or avulsions of the brachial nerves. If this is the situation you could be entitled to more substantial damages.
Most Erb's palsy lawsuits are settled without a trial and the defendant pays you an amount that will settle your case without going to trial. If you're not able to reach an agreement with the defendant your lawyer will prepare for trial by gathering evidence and bringing in experts in cases involving Erb's palsy to prove your claim of medical malpractice. This includes medical records, evidence from witnesses and expert witness reports. Your lawyer will then present your case before an impartial jury and judge.
How can an Erb's Palsy Lawyer Help Me?
Many parents seek out a lawyer when their child suffers a birth injury. These injuries could be by medical negligence doctors or other hospital personnel. A qualified Erb’s palsy lawyer can help you determine whether the injury to your child was caused by medical malpractice and guide you through legal proceedings.
If the shoulder dystocia you have observed in your child was caused by negligence of a doctor or hospital they could be responsible for the damage your child sustained. These damages could include the cost of medical bills and lost wages as well as pain and discomfort.
A good lawyer for Erb's Palsy will determine if the harm to your child was the result of medical negligence, and make a claim on your behalf to hold the responsible parties accountable for their actions.
The conditions that can cause shoulder dystocia often are predictable and can be prevented. If medical professionals fail to take necessary precautions, they could be held responsible for any injuries resulting from. A successful case could lead to a substantial award and also a lifetime of medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation you are entitled to.
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