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A lawsuit can provide families with financial compensation to help pay for the treatment of their child. It is also a way to hold medical professionals accountable for injuries to the brachial plexus which could have been avoided.
This case concerns 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 reason for Erb's Palsy?
The brachialplexus is a network of nerves in the shoulder and neck which transmits signals to muscles in the hands, fingers and arms. When this system of nerves is damaged, a baby can develop Erb's Palsy.
This condition is most common in difficult deliveries, long labors and breech births. In the event of a difficult delivery doctors may need to use force to pull the baby out of the vaginal canal and this may cause stretching of the baby's neck or head. This can result in a traction accident where the nerves are stretched. If the force is too high it could cause ruptures in which nerves are pulled away from their spinal cord.
Most babies with Erb's Palsy recover fully and have no permanent damage, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant and the arm that is not dominant. Treatment options include physical therapy to accelerate the natural healing process and to aid in getting better range of motion and Erb's palsy feeling in their affected hand quicker.
How do I know If My Child Is Having Erb's Palsy?
The symptoms of erb's palsy include weakness or paralysis to varying degrees in the arm and shoulder. The positive side is that the majority of children born with erb's palsy are fully recovered, even though the condition is typically permanent.
The brachial nerve network connects the neck, (clavicle) and torso, with the spinal cord. This allows movement, sensation, and support of the arm, hand and shoulder. Pulling or stretching this nerve can cause damage, resulting in erb's palsy.
A difficult delivery and the use of force during childbirth, the large baby size, breech presentation and a long second stage of labor are all common risk factors for this type of injury.
A doctor can diagnose erb's palsy by conducting an EMG that measures how well nerves and muscles work. The doctor can also request an MRI or CT to take photos of the insides of your body. They can determine if the erb's are an avulsion, a nerve or the neuropraxia, a form of neuropathy that develops when the nerve is stretched rather than ripped from the spine. Some erb's palsy cases require surgery that involves the splicing of healthy nerves and grafting them.
How Do I Find Out If My Child's Erb's Palsy Was the result of a medical error?
A child with Erb's Palsy needs medical care. This treatment can be costly and last for months or years. Medical malpractice lawsuits can assist families to pay for the cost of this care.
Erb's syndrome is caused by injury to the upper nerves of the brachial plexus after the process of delivering a long or difficult. Most of the time, this type of injury is caused by stretching or traction of the nerves in the shoulder during a difficult birth, such as one that involves a large infant or a petite mother.
In order to be able to file a medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard of care for the position and role in the circumstance. Expert evidence is used to show this. Medical malpractice claims are based on the actions of healthcare providers which is why it's crucial to hire a lawyer who has years of experience handling these kinds of cases. This will give you the best chance of proving that your child's Erb's palsy was caused by medical negligence.
How Much Are Erb's Palsy Case Verdicts Worth?
The extent of your child's Erb's palsy case will determine how much compensation you'll receive. It is essential to talk to a birth injury lawyer whenever you suspect medical malpractice.
A successful Erb's palsy lawsuit could earn you significant financial compensation that will cover current and future medical expenses for your child. This includes physiotherapy, surgery, assistive devices, and more.
Some children's Erb's palsy heals on its own in time, however others may require surgery to repair tears and avulsions in the brachial plexus nerves. If this is the situation, you may be entitled to more substantial damages.
Most Erb's palsy lawsuits are settled without a trial and the defendant will pay you an amount set to settle your claim 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 Erb's palsy cases to prove your claims of medical malpractice. This includes medical records and evidence from experts. Your lawyer will then argue your case to an impartial jury and judge.
How Can Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?
Many parents seek out a lawyer after a child suffers a birth injury. These injuries could result from medical malpractice by doctors or other hospital staff. A qualified erb's palsy law firms palsy attorney can assist you in determining whether your child's injury was caused by malpractice and guide you through the legal process.
If your child's shoulder dystocia was due to a medical professional or hospital's negligence, they could be liable for your child's damages. These damages may include the cost of your child's medical expenses, lost wages, and pain and suffering.
A good Erb's palsy attorney will determine if your child's injury was caused by medical malpractice and then build an effective case on your behalf to hold the person responsible accountable for their actions.
The conditions that cause shoulder dystocia can be foreseeable and preventable. If medical professionals fail to take the necessary precautions, they could be held accountable for any injuries that result. A successful lawsuit could lead to a substantial award and lifelong medical care. An experienced Erb's palsy lawyer will ensure that you receive the compensation that you deserve.
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