The 10 Worst Erb's Palsy Claim Errors Of All Time Could Have Been Prevented
A child with erb’s palsy can have devastating consequences for families. If you think that medical negligence was the cause of the brachial injury of your child at birth, you should contact an erb’s Palsy law firm for free consultation.
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 and potential settlement.
Causes
Erb’s Palsy is caused by damage to a bundle of nerves close to the neck (the brachial plexus). These nerves control arm, shoulder hand, erb’s Palsy law firm and hand movements as well as sensation. Patients with Erb’s Palsy suffer from weakness, numbness or paralysis in one arm or shoulder.
The condition can be caused by an array of medical errors during labor and birth for example, forceps usage or a C-section that was performed too early, or a physician misusing a vacuum extractor during a vaginal birth. The majority of cases of Erb’s palsy can be avoided. Doctors, nurses, midwives and other medical professionals have an obligation to provide a high standard of care in the birth room. They must ensure the baby’s shoulders are delivered via the vaginal canal and they don’t get stuck or get lodged in the pelvic bone of a mother’s.
Some researchers suggest that Erb’s Palsy may be due to contractions during pregnancy or the position of a pregnant woman. These theories have not yet been proven. To win a case of medical malpractice, plaintiffs need to prove that the doctor’s deviance from accepted practices caused the injury.
A birth injury lawyer can help you if you believe that your child has suffered a preventable injury such as Erb’s paralysis. A successful lawsuit can award your family the financial compensation your child needs for medical expenses and provide you with closure.
Diagnosis
Erb’s Palsy can be caused by damage to the brachialplexus which is a triad of nerves that run through the arm and shoulder. The nerves could be stretched or torn by an uneasy delivery. This can lead to weakness or paralysis of the affected arm. Doctors are responsible for properly diagnosing the condition as soon as they can.
The most frequent reason is that there are difficulties during childbirth. It usually occurs when the fetus’s size is higher than what is expected for a vaginal birth or when the baby’s shoulders are stuck during delivery. This is called shoulder dystocia, and it is one of the major risks for developing Erb’s — Palsy.
If a physician uses excessive force or fails to recognize the shoulder dystocia, it can lead to injury of the upper nerves in the brachial plexus. This causes Erb’s palsy. If the doctor’s negligence caused the condition the doctor could be held responsible for any lasting damage.
To be able to file a successful medical malpractice lawsuit, you must prove that the doctor’s deviation from accepted practice caused your injuries. In the case of Erb’s palsy, you must show that the doctor’s actions or inactions caused your child to suffer an injury to the upper brachial nerves. This is a typical claim that can result in a substantial settlement and life-long care for your child.
Treatment
In the majority of cases, sooner the condition is detected and treated, the better the outcome. If left untreated the condition can lead to permanent tightening of muscles (contractures) or even complete or partial paralysis. The most commonly used method of treatment is physical therapy, and sometimes, surgery.
Marc J. Bern & Partners, an experienced Erb’s Palsy law firm, erb’s Palsy law firm examines potential claims and lawsuits on behalf of children who have been diagnosed with a brachial plexus injury triggered by medical negligence during birth in the United States. We encourage families to seek an appointment for a free consultation and claim evaluation.
Despite the fact that doctors, nurses and other healthcare professionals are trained to deliver babies in a safe manner complications can still occur. The physician must take action quickly to ensure the safety both of the mother and child in the event of complications. Unfortunately some health professionals are not doing this.
In a difficult delivery, a physician may need to apply some force to assist the baby move through the birth canal. In doing so it is possible that he or she will accidentally stretch the neck of the baby and damage the nerves.
Doctors may utilize a variety tests, including X-rays and ultrasounds, as well as physical examinations to determine the extent of the injury and the extent of the nerve damage. A doctor may prescribe medications to ease pain and discomfort as well as occupational therapy or physical therapy to restore motion.
Compensation
The expense of medical treatment for children suffering from Erb’s palsy can be extremely expensive. A successful lawsuit can give a family the financial means to pay for the medical treatment they require. A lawyer with experience in dealing with Erb’s Palsy will increase the compensation that a family receives.
When a baby has Erb’s palsy, the condition can impact every aspect of their life. It can hinder the ability to work and cut down on the time they spend with their parents. It can also cause emotional distress.
Erb’s palsy law claims may be made for the cost of treatment, loss of earnings as well as the effect that the injury will have on a child’s ability to enjoy everyday activities. Claims can also be made for the pain and suffering resulting from the injury. The compensation paid will reflect this.
A successful case will prove that the obstetrician who performed the procedure or the hospital was negligent. This will be proven by proving that there was a deviation from the standard practice and resulting in your child’s injury. Each case is different and it may take a long time to win an Erb’s Palsy lawsuit. It is important that families consult an attorney earlier rather than later to ensure they don’t have to miss the deadline for filing a lawsuit. A lawsuit that is filed late may be barred under the Statute of Limitations.