The 10 Worst Erb's Palsy Claim Fails Of All Time Could Have Been Prevented
A child with erb’s palsy can have devastating effects on families. If you think that medical negligence is the reason for the brachial injury of your child at birth, contact an erb’s Palsy law firm for free consultation.
An attorney will evaluate your case and estimate future medical expenses to determine your estimated case value. This will assist in determining the value of your claim for a potential settlement.
Causes
Erb’s Palsy is caused by damage to a bundle of nerves near the neck (the brachial plexus). These nerves control shoulder, arm and hand movements and sensation. Erb’s Palsy can cause weakness, numbness, or paralysis of the arm and shoulder.
This condition could result from an array of medical errors during labor and delivery for example, forceps usage, a C-section performed too quickly, or a doctor misusing a vacuum extractor during a vaginal birth. However, the majority of cases of erb’s palsy are entirely preventable. Midwives, doctors, nurses and doctors and other medical professionals, have a duty to ensure a high level of care in the room where babies are born. They must ensure that the shoulders of the baby are delivered through the vaginal channel and that they do not get stuck or lodged in the pelvic bones of the mother’s.
Some researchers suggest that erb’s palsy lawsuit palsy can be the result of contractions of the mother or the positioning of pregnant women. These theories haven’t been proven. Moreover it is crucial to note that to win a medical malpractice case the plaintiffs must prove that the doctor’s aversion to accepted practice was a direct reason for their injuries.
If you believe your child suffered from an preventable erb’s-palsy injury, a birth trauma lawyer can help you seek justice. A successful lawsuit may award your family the financial compensation your child needs for medical expenses, and also provide you with closure.
Diagnosis
Erb’s Palsy can be caused by injuries to the brachialplexus which is a network of nerves in the shoulder and arm. These nerves may be stretched or strained by the difficulty of delivering. This condition can cause weakness or paralysis in the affected arm. Doctors have a responsibility to correctly diagnose this condition whenever they can.
The most frequent reason for this is difficulties during childbirth. It typically occurs when the fetus is larger than expected for a vaginal birth or Erb’s Palsy law firm when the baby’s shoulders are stuck during the delivery. This is known as shoulder dystocia. It is one of the main risk factors for Erb’s palsy.
If a doctor applies excessive force or fails to detect the shoulder dystocia, it can cause injury to the upper nerves in the brachial plexus. This causes Erb’s Palsy. If the doctor was negligent then he or she could be held accountable for any damage that may be permanent.
You must prove that your injuries were resulted from the doctor’s deviation from accepted medical practice to win an action for medical malpractice. For cases involving Erb’s paralysis, you have to prove that the doctor’s action or inactions resulted in your child suffering an injury to the upper brachial nerves. This is a very common claim, which can result in a substantial settlement and a lifetime of medical treatment for your child.
Treatment
In most cases, it’s best to treat and diagnose the condition as soon as you can. If the condition is not treated the condition could lead into permanent tightening muscles (contractures) or even complete or partial paralysis. Surgery and physical therapy are the most commonly used treatments.
Marc J. Bern & Partners, an experienced Erb’s Palsy law firm, examines potential lawsuits and claims on behalf of children diagnosed with a brachial plexus injury triggered by medical negligence in the birth in the United States. We encourage families to request an evaluation of their claim and an appointment for a free consultation.
Despite the fact that nurses, doctors, and other healthcare professionals have been trained to deliver babies in a safe way complications can arise. The physician must take action quickly to ensure the safety both of the child and mother in the event of complications. Unfortunately some health professionals do not do the right thing.
During a complicated delivery, a physician may need to apply some force to aid the baby move through the birth canal. While doing this they could accidentally stretch the baby’s neck which could cause damage to the nerves.
In addition to a physical exam doctors may also perform various tests, such as Xrays or ultrasounds to determine the extent of an injury and the extent to which a nerve has been damaged. A doctor may prescribe medications to alleviate discomfort and pain and also physical therapy or occupational therapy to restore motion.
Compensation
The cost of treatment for a child who suffers from Erb’s Palsy may be quite high. A successful lawsuit can allow a family to afford the treatment they need. A lawyer with experience in the field of Erb’s Psy will maximize the amount of compensation a family receives.
When a baby has Erb’s’Palsy’, the condition can impact every aspect of their life. It can hinder their ability to work, it can limit the amount of time they can spend with their parents and it can also trigger emotional trauma.
Erb’s palsy law claims may be made for the cost of treatment, loss of earnings, and the effect that the injury will affect a child’s ability to participate in everyday activities. The settlement will also reflect the suffering and pain the injury has caused.
A successful claim will demonstrate that the doctor was negligent. This will be proven by demonstrating that there was an infraction to the accepted procedure and that the deviation resulted in the injury to your child. Each case is unique, erb’s Palsy law firm and it can take a long time to be successful in a lawsuit against Erb’s Palsy. Families should speak with an attorney as soon as they can to avoid missing the deadline for filing an action. A lawsuit filed after the deadline could be barred under the Statute of Limitations.