Filing an Erb's Palsy Lawsuit
In the event of a lawsuit, it can award families an amount of money that could aid in the payment of the treatment of their child. It also helps hold medical professionals responsible for injuries to the brachial plexus that could be prevented.
This case involves a little girl who was diagnosed with Erb's palsy because of complications during her birth. She was born breech and suffered shoulder dystocia. This is when the shoulders of a child get stuck during the delivery. Her injury was the result of medical negligence.
What is the reason for Erb's Palsy?
The brachialplexus is a nerve network in the shoulder and neck that sends signals to muscles in the hands, fingers and arms. Erb's Palsy can develop when this nerve system gets damaged.
This condition is more prevalent in difficult deliveries, long labors, and breech-births. In a difficult birth, doctors may need to use force to push the baby through the vaginal tube. This could cause stretching of the neck or head of the baby. This can cause injuries from traction, where nerves are stretched. If the force is too high it could cause an injury where the nerves are ripped away from their spinal cord.
The majority of children with Erb's Palsy recover completely and have no permanent damage, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant arm and the non-dominant hand. erb's palsy attorneys kansas city may include physical therapy to accelerate the healing process naturally and help them attain more movement and feel in their affected hand quicker.
How Do I Tell If My Child is Having Erb's Palsy?
The symptoms of Erb's Palsy include weakness or paralysis to varying degrees, within the arm and shoulder. The good news is that most children born with erb's palsy are fully recovered, even though their condition is often permanent.
The brachial nerve system connects the neck, (clavicle), and torso, with the spinal cord. This allows movement as well as sensation and support of the hand, arm, and shoulder. Stretching or pulling on this nerve can cause damage, resulting in erb's palsy.
Difficult delivery and the use of force during childbirth, the large baby size, breech appearance, and long second stage of labor are common risks for this type of injury.
A doctor can diagnose erb's paralysis by performing an EMG that measures how well muscles and nerves work. The doctor might also recommend an MRI, CT, or other imaging tests to take images of the insides of the body. They can determine the type of erb's paralysis such as neuroma an avulsion, or neuropraxia (neuropathy that occurs when the nerve is stretched instead of being torn away from the spine). Some cases of erb's syndrome require surgery that involves cutting and grafting healthy nerves.
How Can I Tell If Medical Malpractice Caused My Child's Erb’s Palsy?
A child with Erb's Palsy requires medical attention. The treatment may be costly and can last for months or even years. Medical malpractice lawsuits can help families cover the costs of care.
Erb's spalsy occurs by upper nerves in the brachialplexus are damaged 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.
In order to file a medical negligence case, the plaintiff needs to establish that the healthcare provider failed to meet the standard of care appropriate to the job and position in the scenario. Expert testimony can be used to prove this. Medical malpractice claims are based on the actions of healthcare professionals. Therefore, it is essential to employ an attorney with expertise in these kinds of cases. This gives you the best opportunity to prove that negligence in the medical field caused your child's Erb palsy.
How Much Are Erb's Palsy Case Verdicts Worth?
The severity of your child's Erb's Palsy case will determine the amount of compensation you'll receive. This is the reason it's so important to seek out a skilled birth injury lawyer whenever 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, surgery, assistive devices, and many more.
Some children's Erb palsy will heal itself over time, but other children may require surgery to repair tears or avulsions of the brachial nerves. If this is the case you could be entitled to greater damages.
Most Erb's Palsy lawsuits are settled outside of court. This means that the defendant will pay a specific amount to settle your case without having to go through trial. If you're not able to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and hiring experts in cases involving Erb's palsy to prove your claims of medical malpractice. This includes medical records and reports from expert witnesses. Your lawyer will then argue your case to a judge and jury.
How can an Erb's Palsy lawyer help me?
Many parents seek legal advice after their child has suffered birth injuries. These injuries can result from medical malpractice by doctors or other hospital staff. A qualified Erb's palsy lawyer will help you determine if the injury suffered by your child was the result of medical negligence and guide you through legal proceedings.
If the shoulder dystocia that you experience in your child's shoulder was caused by the negligence of a hospital or doctor, they could be accountable for your child’s damages. These damages could include the cost of the medical bills for your child, lost wages, and pain and suffering.
A reputable Erb's palsy lawyer will determine if your child's injuries was caused by medical negligence and then create a strong case on your behalf to hold the accountable party accountable for their actions.
Conditions that can cause shoulder dystocia often are predictable and preventable. If medical professionals fail to take the proper precautions, they could be held responsible for the injuries that result. A successful case could lead to a substantial award as well as a lifetime of medical care. An experienced lawyer for Erb's palsy will ensure that you receive all the compensation you're entitled to.