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Some Wisdom On Erb's Palsy Claim From A Five-Year-Old
24.08.09
A child diagnosed with Erb's 'Palsy' can have devastating effects for families. If you suspect that the brachial plexus injury of your child was the result of medical negligence during the birth process, get in touch with an experienced lawyer from the firm to arrange a free consultation.
An attorney will evaluate your case and estimate future medical expenses to calculate the estimated value of your case. This will allow you to determine the value of your claim in an eventual settlement.
Causes
Erb's palsy is caused due to damage to a bundle of nerves close to the neck (the brachial plexus). These nerves are responsible for shoulder, arm and hand movement and sensation. Patients with Erb's palsy may experience weakness, numbness or paralysis in one arm or shoulder.
This condition may result from a variety 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 vaginal birth. The majority of cases of Erb's Palsy can be prevented. Midwives, nurses, and doctors, as well as other medical professionals, have a duty to provide a high quality 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 do not become stuck or lodged into the pelvic bones of the mother's.
Researchers have suggested that Erb's ailment could be caused by maternal contractions or the position of a pregnant woman. However, these theories have not been confirmed. In addition it is important to note that to win a medical malpractice case plaintiffs must prove that the doctor's deviation from accepted practice was a direct cause of their injury.
If you suspect that your child was suffering from an unavoidable Erb's Palsy injury, a birth trauma lawyer can assist you in seeking justice. A successful lawsuit can be awarded to your family financially compensation to pay for the medical costs of your child and give you a sense of closure.
Diagnosis
Erb's Palsy is caused by damage to the brachial plexus which is a nerve network in the arm and shoulder. These nerves may be stretched or torn due to an uneasy delivery. This can lead to weakness or paralysis in the affected arm. Doctors are responsible for properly diagnosing the condition as fast as is possible.
The most frequent reason for this is difficulties during childbirth. The problem is usually caused by the size of a fetus is greater than the normal vaginal delivery or when the baby's shoulders get stuck during birth. This is called shoulder dystocia and is one of the main risk factors for Erb's Palsy.
If a physician applies excessive pressure or fails to recognize shoulder dystocia, it may result in injuries to the nerves of the upper part of the brachialplexus. This can cause Erb's palsy. The doctor can be held accountable for any harm caused by negligence.
To be able to win a medical malpractice claim it is necessary to prove that the doctor's departure from a standard of practice caused your injuries. For cases involving erb's palsy lawsuits palsy, you must demonstrate that the doctor's actions or inactions led to your child suffering an injury to the upper brachial plexus nerves. This is a fairly common claim that can result in a large settlement and a lifetime of care for your child.
Treatment
In the majority of cases, the earlier the condition is identified and treated the better the outcome. If not treated, the condition may develop into permanent muscle tightening (contractures) and even total or partial paralysis. Physical therapy and sometimes surgery are the most common treatments.
The Erb's Palsy lawyers at Marc J. Bern & Partners investigate potential claims and lawsuits for children who suffer from brachial plexus injuries that result from medical malpractice at birth across the United States. We encourage families to schedule an appointment with a lawyer and claim evaluation.
While nurses, doctors and other healthcare professionals are trained to deliver babies safely However, a variety of complications can arise. A physician must act quickly to ensure the safety both of the baby and mother in the event of complications. Unfortunately certain health professionals do not do this.
A physician may have to use a certain amount force during a difficult birth to aid the baby in the birth canal. When doing this it is possible that he or she will accidentally stretch the neck of the baby and damage the nerves.
In addition to a physical exam doctors may also conduct various tests, like X-rays and ultrasounds to determine the severity of an injury and the extent to the extent a nerve has been damaged. Doctors may prescribe medications to alleviate pain and discomfort and also occupational therapy or physical therapy to restore mobility.
Compensation
The cost of treatment for a child suffering with Erb's 'Palsy' can be extremely costly. A successful lawsuit may allow families to afford the treatment they require. An experienced Erb's palsy lawyer will strive to maximize the amount of compensation a family may receive.
If a baby is diagnosed with Erb's Palsy, the condition can impact every aspect of their lives. It could hinder the child from working, it could limit the amount of time they spend with their parents and it can also trigger emotional trauma.
Erb's Palsy Law claims can be made to cover the cost of treatment, the loss of earnings as well as the effects that injuries affect a child's capacity to enjoy everyday activities. The compensation will also take into account the pain and suffering that the injury has caused.
A successful claim will show that the obstetrician, or the hospital was negligent. This can be proved by proving an infraction to the accepted procedure and that the deviation resulted in injury to your child. Each case is different and it may take some time to settle a case for Erb's palsy. It is essential that families consult a lawyer sooner rather than later to ensure that they don't have to miss the deadline for filing an action. A lawsuit filed too late could be barred by the Statute of Limitations.