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An Erbs palsy lawsuit can be filed on behalf of persons who have suffered this child birth injury as a result of medical negligence. When medical negligence causes or contributes to a person’s Erbs palsy injury, they can file an Erbs palsy lawsuit in order to seek compensation for there losses. An Erbs palsy lawsuit can help a victim recover losses related to medical expenses, loss of income, permanent or partial disability and psychological suffering.
Erbs palsy is the name for damage that is caused to the nerves in the brachial plexus. These nerves extend bilaterally from the neck and shoulder area to the upper extremities and are responsible for controlling the muscles in the arms, hands, and fingers. Erbs palsy is most often the result of shoulder dystocia. Shoulder dystocia is a birth complication that occurs when a baby’s shoulders get stuck on a mother’s pelvic bone. This can result in damage to the nerves of the brachial plexus including stretching, tears, rupture or avulsion of the affected nerves. This can cause limpness, reduced sensation, paralysis, or lack of muscle control in the upper limbs.
There are several factors which can increase the risk of shoulder dystocia and other Erbs palsy birth complications. Fetal macrosomia (large fetal size), gestational diabetes, gestation beyond forty weeks, maternal obesity, abnormal maternal pelvic structure, and a protracted first stage of labor can all increase the risk of birth complications that can result in Erbs palsy. Many of these risk factors can be identified during pregnancy and treated appropriately in order to mitigate the risk of birth complications. When a medical professional fails to properly diagnose and treat these gestational risk factors, they may be held liable for any injuries that result from birth complications in an Erbs palsy lawsuit. They may also be held liable if they fail to inform parents about the presence of Erbs palsy risk factors.
Erbs palsy birth complications can also be the result of medical negligence during the birth process and may occur in the absence of any risk factors. Overly forceful or inappropriate use of forceps or vacuum delivery techniques can cause Erbs palsy birth injuries. A physician who fails to recommend or perform a cesarean section when necessary to avoid birth injuries can also be held liable in an Erbs palsy lawsuit.
In order to receive compensation for damages in an Erbs palsy lawsuit, the plaintiff must prove that there existed a doctor-patient relationship between the defendant and the plaintiff that entailed a duty to care. They must also prove that the doctor failed to act with the care, expertise, and skill that a reasonable doctor would exercise under similar circumstances. Lastly, the plaintiff must also prove that this medical negligence caused or contributed to the injuries and damages in question in the Erbs palsy lawsuit.
In many cases, Erbs Palsy is a preventable birth injury. If you or a loved one has suffered Erbs palsy injury, you may wish to contact and experienced and qualified attorney who can advise you of your legal rights and options in an Erbs palsy lawsuit.
The parents of a boy born with Erb's palsy have filed a lawsuit claiming their child suffered from shoulder dystocia at birth and was born ...
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