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A lawsuit can offer families financial compensation to pay for the treatment of their child. It can also be used to hold medical professionals accountable for brachial-plexus injuries that could have been avoided.
This case concerns a young girl who was diagnosed with Erb's palsy because of complications during her birth. She was born breech, and also suffered from shoulder dystocia. This is when the shoulders of a child get stuck during delivery. Her injury was by medical negligence.
What is the reason for Erb's Palsy?
The brachialplexus, a nerve system in the shoulder and neck which transmits signals to muscles in the fingers, hands and arms. When this nerve system is damaged, an infant can develop Erb's Palsy.
This condition is more prevalent during difficult births, long labors, and breech births. In difficult births, doctors may need to force the baby through the vaginal tube. This can stretch the neck or head of the baby. This can cause injuries from traction, where nerves are stretched. If the force is too great it could cause ruptures in which nerves are cut off from their spinal cord.
The majority of children with Erb's Palsy recover fully and have no permanent damage, but this condition can leave them with an inability to move, a restricted range of motion, and a noticeable difference between their dominant arm and the arm that is not dominant. Physical therapy is an option to accelerate the healing process and make to improve the condition of their hand that is affected.
How can I tell If My Child is Having Erb's Palsy?
The symptoms of Erb's palsy include paralysis or weakness to varying degrees, within the arm and shoulder. The good news is most children who suffer from erb's palsy recover completely, even though the condition is generally permanent.
The brachial nerve connects the neck, (clavicle), and torso, with the spinal cord. This allows for movement as well as sensation and support of the arm, hand, and shoulder. This nerve could be injured by pulling or stretching it.
Difficult delivery and the use of force during childbirth, large baby size, breech presentation, and a long second stage of labor are all common risks for this type of injury.
A doctor can diagnose erb's palsy by performing an EMG, which measures how well muscles and nerves work. The doctor could also suggest an MRI, CT, or other imaging tests to take images of the inside of the body. They can determine the cause of erb's paralysis like neuroma, avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched rather than torn away from the spine). Certain patients suffering from erb's syndrome require surgery, which requires cutting healthy nerves and then grafting them.
How can I tell if Medical Malpractices Caused My Child's Erb's Palsy?
A child suffering from Erb's palsy requires medical attention. The treatment may be costly and can last for months or even years. Medical malpractice lawsuits could help families cover the costs of treatment.
Erb's Palsy is caused when upper nerves in the brachialplexus are damaged during a difficult labor. In the majority of cases, this type of injury results from stretching or traction of the nerves in the shoulder area during the birth process like one which involves a large infant or a mother who is petite.
To start a medical negligence case the plaintiff must demonstrate that the healthcare professional failed to meet the standard of medical care for his or her position and the role they played in the incident. This is done through expert testimony. Medical malpractice claims are based on the actions of healthcare providers, so it's important to choose a lawyer who has expertise in these cases. This will give you the best chance of proving the Erb's palsy of your child was caused by medical negligence.
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The extent of your child's case will determine the amount of compensation you will receive. This is the reason it's so important to speak with a seasoned birth injury attorney whenever you suspect medical negligence.
If you are successful in your Erb's palsy lawsuit you could get significant financial compensation for your current and future medical expenses for your child. This includes physiotherapy, surgery, assistive devices, and more.
Some children's Erb palsy can heal on its own 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 even greater damages.
Most Erb's palsy lawsuits are settled without a trial which means that the defendant will pay you an amount that will settle your dispute without having to go to trial. If you're not able to reach a settlement with the defendant, your lawyer will prepare a trial by assembling evidence and hiring medical malpractice experts to prove your claims. This includes medical records as well as reports from expert witnesses. Then, your lawyer will present your case in before jurors and a judge.
What can Erb's Palsy Lawyer Help Me?
Many parents consult a lawyer after a child is injured birth injury. These injuries could be by medical negligence doctors or other hospital staff. An experienced Erb's Palsy attorney will assist you in understanding the extent of your child's injury caused by negligence and will help you navigate the legal process.
If the shoulder dystocia you have observed in your child was the result of negligence by a hospital or doctor they could be responsible for the injuries your child sustained. These damages include reimbursement for medical expenses and lost wages as well as discomfort and pain.
A good lawyer for Erb's Palsy will determine if the harm to your child was due to medical negligence, and develop a case on your behalf in order to hold the responsible parties accountable for their actions.
The conditions that cause shoulder dystocia are usually predictable and preventable. If medical professionals fail to follow the proper precautions, they may be held liable for the injuries that result. A successful case could lead to a substantial award and lifetime medical care. A lawyer with experience in the field of Erb's Palsy will ensure that you receive the money you deserve.
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