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A child who has erb's paralysis can have devastating consequences for families. If you think that medical negligence caused your child's brachial injury at birth, you should contact an erb's Palsy law firm for an initial consultation for free.
An attorney will evaluate the case and estimate the value of the case by calculating future medical costs. This will allow you determine the value of your claim to a possible settlement.
Causes
Erb's palsy is caused by damage to a bundle of nerves near the neck (the brachial plexus). These nerves are responsible for arm, shoulder and hand movements and sensation. Individuals who suffer from the condition experience weakness, numbness, or paralysis in one arm and shoulder.
This condition could result from a variety of medical errors during labor and birth that include forceps as well as a C-section done too soon or a doctor Erb's Palsy Law Firm using a vacuum extractor improperly during a vaginal birth. However, a majority of cases of erb's spalsy are completely preventable. Midwives, doctors, nurses and other medical professionals have a duty to uphold the highest standards of medical care in the birth room. They must ensure that the baby's shoulders are delivered through the vaginal artery and they don't get stuck or get lodged in the pelvic bone of the mother's.
Some researchers suggest that Erb's Palsy may be due to contractions of the mother or the positioning of pregnant women. These theories have not yet been confirmed. In order to win a case for medical malpractice, plaintiffs need to prove that the doctor's deviation from the accepted standard of care caused the injury.
A birth injury lawyer can help in the event that you believe your child has suffered an injury that could be prevented such as erb's paralysis. A successful lawsuit can provide your family with financial compensation to help pay for the medical expenses of your child as well as give you a sense of closure.
Diagnosis
erb's palsy attorneys Palsy can be caused by damage to the brachialplexus which is a system of nerves in the shoulder and arm. These nerves may be stretched or torn due to a difficult delivery. This can lead to weakness or paralysis in the affected arm. Doctors have a responsibility to properly diagnose this condition immediately.
The most frequent reason is childbirth difficulties. It usually happens when the fetus's size is greater than the normal size for a vaginal birth or when the baby's shoulders get stuck during the delivery. This is called shoulder dystocia and is one of the major risk factors for Erb's Palsy.
When a doctor uses excessive force or fails to recognize the shoulder dystocia, it could cause injury to upper nerves of the brachial plexus. Erb's Palsy results. If the doctor's negligence is the cause and acted in a negligent manner, they could be held responsible for any lasting damage.
To be able to file a successful medical malpractice case you must prove that the doctor's deviation from the accepted practices caused your injuries. For cases involving Erb's Palsy, you must demonstrate that the doctor's actions or failure to act caused your child to suffer an injury to the upper brachial nerves. This is a common claim, and can result in a large settlement and lifetime care for your child.
Treatment
In most cases, it's best to recognize and treat the condition as soon as possible. Untreated, the condition can develop into permanent muscle tightening (contractures) and may lead to complete or partial paralysis. The most commonly used form of treatment is physical therapy, and sometimes surgery.
Marc J. Bern & Partners, a seasoned Erb's Palsy law firm, studies possible claims and lawsuits on behalf of children who have been diagnosed with a brachial injury by medical negligence at birth in the United States. We encourage families to request an evaluation of their claim as well as an initial consultation for free.
While nurses, doctors and other healthcare professionals are trained to deliver babies safely, a number of complications could arise. A physician must act quickly to ensure the safety both of the baby and mother when complications arise. Unfortunately, some medical professionals fail to do this.
In a difficult delivery medical professional may need to apply a certain amount of force to help the baby move through the birth canal. While doing this it is possible that he or she will accidentally stretch the baby's neck and damage the nerves.
Doctors may use a variety tests, including X-rays and ultrasounds, in addition to a physical examination to determine the severity of the injury and the extent of nerve damage. A doctor might prescribe medications to ease pain and discomfort as well as physical therapy or occupational therapy to restore motion.
Compensation
The expense of medical treatment for children with Erb's Palsy can be incredibly high. A successful lawsuit could allow families to pay for the treatment they require. A seasoned lawyer from Erb's palsy will work to maximize the amount of compensation that a family will receive.
If a baby suffers from Erb's palsy, the condition can affect every aspect of their life. It could hinder them from working and reduce the time they spend with their parents. It can also cause emotional distress.
Erb's law claims can be filed for the cost of treatment, the loss of earnings, and the effect that the injury will affect a child's ability to engage in daily activities. It is also possible to claim for pain and suffering caused by the injury. The compensation paid will reflect the severity of the injury.
A successful claim will demonstrate that the Obstetrician was negligent. This is demonstrated by proving that there was a departure from accepted practice and that this proximately resulted in the injury to your child. Each case is different and it can take a while to win an Erb's Palsy lawsuit. It is important that families contact an attorney earlier rather than later to ensure that they do not run out of time to file a lawsuit. A lawsuit filed after the deadline could be barred by the Statute of Limitations.
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