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A child diagnosed with Erb's 'Palsy' could have devastating consequences for families. If you suspect that your child's injury to the brachial nerve was caused by negligence on the part of medical professionals during the birth process, you should contact an experienced erb's palsy lawsuit palsy law firm to arrange a free consultation.
An attorney will look over your case and determine the future medical costs to calculate your estimated case value. This will help to establish the value of your claim in an eventual settlement.
Causes
Erb's Palsy is caused when a bundle (the brachialplexus) of nerves in the neck is damaged. These nerves control shoulder, arm and hand movements and sensation. Erb's palsy causes weakness, numbness or paralysis of the shoulder and arm.
The condition can be caused by a variety of medical mistakes during labor and delivery. These include the use of forceps, a premature C-section or a doctor who uses the vacuum extractor to deliver a baby vaginally. The majority of cases of Erb's Palsy can be avoided. Midwives, doctors, nurses and other medical professionals are held to a duty to uphold an excellent standard of care in the birth room. They must ensure that the baby's shoulders are delivered via the vaginal canal and that they don't get stuck or entangled in the mother's pelvic bones.
Some researchers suggest that Erb's palsy could be a result of maternal contractions or the positioning of a pregnant woman. These theories haven't been proven. To prevail in a case of medical malpractice, the plaintiffs have to show that the doctor's omission from accepted practice caused their injuries.
A birth injury lawyer can assist you if you suspect that your child has suffered from a preventable injury such as erb's paralysis. A successful lawsuit could provide your family with financial compensation to cover the medical costs of your child and give you a sense of closure.
Diagnosis
Erb's Palsy is caused due to damage to the brachialplexus, which is a network of nerves that run through the shoulder and arm. These nerves may be stretched or torn due to an inconvenient delivery. This condition can cause weakness or paralysis in the affected arm. Doctors are responsible for diagnosing this condition as quickly as possible.
The most common reason for this is difficulties during childbirth. The problem is usually caused by the size of the fetus is higher than expected for vaginal delivery or when the shoulders of the baby get stuck during birth. This is called shoulder dystocia. It is one of the main risks for developing Erb's - Palsy.
If a doctor applies excessive pressure or fails to detect shoulder dystocia, it could result in damage to the upper nerves of the brachialplexus. This can lead to Erb's paralysis. If the doctor's negligence was to blame the doctor could be held accountable for any damage that may be permanent.
To be able to win a medical malpractice claim you must prove that the doctor's deviation from accepted practice caused your injuries. For cases involving Erb's paralysis, you have to prove that the doctor's actions or inactions led to your child suffering an injury to the upper brachial nerves. This is a frequent claim, and can result in a large settlement and a lifetime of care for your child.
Treatment
In most instances, it is better to recognize and treat the condition immediately. If left untreated, the condition could progress to permanent muscle tightening (contractures) and may lead to total or partial paralysis. Surgery and sometimes physical therapy are the most common treatments.
The Erb's Palsy lawyers at Marc J. Bern & Partners investigate possible lawsuits and claims on behalf of children diagnosed with brachial plexus injuries that result from medical malpractice at birth across the United States. We encourage families to ask for an assessment of their case and an initial consultation for free.
Despite the fact that doctors, nurses and other healthcare professionals have been trained to deliver babies in a safe and secure manner complications can happen. Physicians must be quick to ensure the safety of the child and mother when complications arise. Unfortunately, many health care professionals fail to do this.
A doctor might have to use a certain amount force during a difficult birth to aid the baby in the birth canal. This could cause the baby's nerves to be damaged when the neck is accidentally stretched.
In addition to a physical examination doctors may also conduct various tests, such as Xrays or ultrasounds to determine the seriousness of an injury and the extent to which a nerve has been damaged. A doctor can prescribe medication to alleviate discomfort and pain as well as occupational therapy or physical therapy to restore motion.
Compensation
The cost of medical treatment for children suffering from Erb's syndrome can be very expensive. A successful lawsuit could give a family the financial means to afford the medical treatment they require. A seasoned lawyer from Erb's palsy will try to maximize the amount of compensation a family can 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 palsy law claims can be filed for the cost of treatment, loss of earnings and effect that the injury will have on a child's ability to participate in everyday activities. Also, claims can be made for pain and suffering resulting from the injury, and the compensation paid will reflect this.
A successful claim will show that the doctor who performed the obstetrics was negligent. This will be demonstrated by demonstrating that there was an error in the standard of care and that this proximately resulted in injury to your child. Every case is unique, and it can take time to win an Erb's-Palsy lawsuit. It is imperative to contact a lawyer sooner rather than later to ensure they do not miss the deadline to file a lawsuit. A lawsuit that is filed late could be deemed to be time-barred by the Statute of Limitations.
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