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Filing an Erb's Palsy Lawsuit Filing a lawsuit can award families money to aid in paying for their child's medical treatment. It can also help hold medical professionals accountable for injuries to the brachial plexus that could be prevented. This case involves a girl who developed Erb's syndrome due to complications during her delivery. erb's palsy lawsuit san jose had a breech birth and shoulder dystocia (when the baby's shoulders become stuck during delivery). The injury was by medical negligence. What is the cause of Erb's Palsy? The brachialplexus is a set of nerves in the neck and shoulder which transmits signals to muscles in the hands, arms, and fingers. When this nerve system is damaged, an infant may develop Erb's Palsy. This condition is more common in difficult deliveries, prolonged labors, and breech-births. In a difficult delivery doctors may need to force the baby out of the vaginal canal, which can cause stretching of the baby's neck or head. This could cause a traction injury where the nerves are stretched. If the force is too strong, it can cause a rupture in which the nerves are torn from their spinal cord (an avulsion). Most babies with Erb's Palsy recover completely and have no permanent harm, 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 non-dominant hand. Physical therapy can be utilized to speed up the healing process and make to improve the condition of their affected hand. How Can 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 the majority of children suffering from erb's syndrome recover completely, even though the condition is usually permanent. The brachial system of nerves connects the neck (clavicle) and torso to the spinal cord, which allows movement, feeling and support for the shoulder, arm, and hand. Pulling or stretching this nerve can cause damage which can cause 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 risks for this type of injury. A doctor can diagnose erb's paralysis by conducting an EMG which determines how well muscles and nerves work. The doctor could also suggest an MRI, CT, or other imaging test to get images of the interior of the body. They can determine if the erb's are an avulsion, a neuroma or the neuropraxia, a form of neuropathy that develops when nerves are stretched rather than ripped from the spine. Some cases of erb's syndrome require surgery that involves splicing and grafting healthy nerves. How Do I Know If My Child's Erb's Physical Disability Was the result of medical malpractice? A child who is suffering from Erb's syndrome should seek medical attention. The treatment can be expensive and can last for a number of months or even years. Medical malpractice lawsuits can assist families to pay for the cost of these services. Erb's Palsy is caused by injuries to the nerves of the upper part of the brachial plexus during a difficult or prolonged delivery. In most cases this kind of injury results from stretching or traction of muscles of the shoulder during difficult births, such as one which involves a large infant or a petite mother. In order to file a medical negligence claim, the plaintiff needs to show that the healthcare professional did not meet the standard of care that was appropriate for the role and position in the situation. Expert testimony is used to demonstrate this. Medical malpractice claims are based on the actions of healthcare providers It is therefore essential to find a lawyer that has years of experience handling these kinds of cases. This will give you the most effective chance of proving the Erb's palsy of your child was the result of medical negligence. What is the value of Erb's Palsy verdicts worth? The extent of your child's Erb's palsy case will determine the amount of compensation you receive. It is important to speak with an attorney for birth injuries as soon as you can if you suspect medical malpractice. If you are successful in your Erb's Palsy case you could be awarded substantial financial compensation for both current and future medical expenses for your child. This includes surgery, therapy as well as assistive devices and many more. Some children's Erb palsy heals by itself as time passes, but others may require surgery to repair avulsions, tears, or tears of the brachial nerves. If this is the case, you may be entitled to further substantial damages. Most lawsuits for Erb's Palsy are settled outside of court. This means that the defendant has to pay a certain amount to settle your claim without the need to go to trial. If you're not able to reach a settlement with the defendant, then your lawyer will prepare a trial through gathering evidence and hiring medical malpractice experts to back your claims. This includes medical records as well as reports from experts. Then, your lawyer will present your case in front of jurors and a judge. What can an Erb's Palsy lawyer help me? Many parents seek legal counsel when their child suffers a birth injury. These injuries can be caused by medical negligence doctors or other hospital personnel. A qualified Erb's palsy lawyer can help you determine if the injury suffered by your child was the result of medical negligence and guide you through legal proceedings. If your child's shoulder dystocia was caused by a doctor or hospital's negligence the hospital or doctor could be responsible for the damages your child sustained. This could include compensation for your child's medical expenses, lost wages, and pain and suffering. A reputable Erb's-Palsy lawyer will determine if the injury to your child was the result of medical malpractice, and create 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 take the proper precautions, they could be held responsible for any injuries resulting from. A successful claim could result in a substantial settlement and a lifetime of medical care. A lawyer with experience in the field of Erb's palsy will make sure that you get the compensation you are entitled to.