Erb’s Palsy (Erb-Duchenne Palsy) is a condition that impairs arm movement and sensation due to damage to the brachial plexus nerve network running from the neck down the arm. This network of nerves controls movement in and sensation of muscles in the shoulder, arm, and hand.
Erb’s Palsy usually develops during childbirth when the baby’s shoulder gets stuck in the delivery canal (shoulder dystocia). Excessive pulling or stretching of the baby’s neck during delivery may damage the brachial plexus and result in Erb’s Palsy.
Erb’s Palsy can present as weakness or paralysis of the affected arm, loss of sensation in that area, and deformity around the shoulder or arm. Treatment for Erb’s Palsy depends on its severity; but may include physical therapy, occupational therapy, and surgery in extreme cases.
Erb’s Palsy can be caused by medical malpractice if the healthcare provider fails to manage a shoulder dystocia during childbirth or used excessive force during delivery, damaging the baby’s brachial plexus nerves. If medical malpractice is suspected as the cause, parents may have grounds for legal action against the healthcare provider or hospital responsible.
In order to prove medical malpractice in an Erb’s Palsy case, it is usually necessary to demonstrate that the healthcare provider failed to follow the standard of care for managing shoulder dystocia or used excessive force during delivery. This may involve reviewing medical records, conducting depositions of healthcare providers involved in the delivery, and seeking expert opinions from medical professionals.
If medical malpractice is proven, parents may be eligible for damages to cover medical expenses, future medical care, and other costs associated with their child’s condition. It’s best to consult an experienced medical malpractice attorney about the specific facts of your case and decide on the best course of action.
Erb’s Palsy can serve as the basis for a personal injury case if it was caused by someone else’s negligent or intentional action. For instance, if Erb’s Palsy was caused by a car accident, fall, or act of violence, then the injured party may have grounds to pursue legal action against those responsible.
To prove a personal injury case involving Erb’s Palsy, it is necessary to show that the other party caused the harm. This may involve gathering evidence such as medical records, witness statements, and expert opinions to demonstrate the cause of the injury and the extent of damages suffered by the injured party.
Suppose the injured party is successful in recovering compensation for medical expenses, lost income, pain, and suffering, as well as other damages related to an Erb’s Palsy injury. In that case, they may be able to receive damages. The precise amount that can be awarded in a personal injury case depends on both the nature and extent of the harm sustained, along with the laws of the jurisdiction where the case is being pursued.
Consulting with an experienced personal injury attorney is essential when seeking compensation for Erb’s Palsy and other injuries caused by someone else’s negligence or intentional actions. They will assess the facts of your case and suggest the best course of action to pursue.
If you or a loved one has been injured in an accident due to someone else’s fault or neglect, Darfoor Law Firm is here to assist and provide guidance with the best course of action.
Accidents can be stressful; when they happen, you need someone who understands, sympathizes, and will fight on your behalf.
Reach us at +1-833-DARFOOR for a complimentary consultation and case evaluation.
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