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An Erbs Palsy settlement is the compensation that an Erbs palsy patient can receive when their injuries were the result of medical negligence. Erbs palsy is a condition that affects the nerves in the brachial plexus that control the muscles of the upper extremities. Ninety percent of all Erbs palsy cases are the result of a birth injury. The most common birth complication that results in Erbs palsy is known as shoulder dystocia. Shoulder dystocia is a medical event whereby a baby’s shoulder gets impacted on the mother’s pelvis during childbirth. This impaction can cause trauma to the child’s brachial plexus nerves which extend bilaterally from the neck/shoulder area to the upper extremities.

Erbs Palsy Maternal and Fetal Factors

There are several maternal and fetal factors that can increase the risk of a child suffering from Erbs palsy, also commonly referred to as Brachial plexus palsy. These can include fetal macrosomia or large fetal size, maternal diabetes, extended gestation, great maternal weight gain, protected labor in the first stage, maternal obesity, and improper use of vacuum or forceps by a medical professional during delivery.

Erbs Palsy Victims of Medical Negligence

Victims of Erbs palsy may be eligible to receive an Erbs palsy settlement when medical negligence caused or contributed to a patient’s injury. Erbs palsy settlement cases involving medical negligence can be pursued when a medical professional fails to: estimate the baby’s weight before delivery, fails to diagnose and treat gestational diabetes or any other complication or condition during pregnancy, fails to inform parents of the risk of delivering a large infant or fails to recommend or perform a cesarean section when necessary, applies unnecessary force or inappropriate delivery techniques, or any other case of medical negligence that causes or contributes to an Erbs palsy injury.

In an Erbs palsy settlement case, the plaintiff must prove that medical negligence caused or contributed to the damages sustained. In order to receive an Erbs palsy settlement the plaintiff must prove the following things: there existed a doctor-patient relationship between the defendant and the plaintiff, the doctor failed to adhere to acceptable and reasonable medical protocol (medical negligence), and that the doctor’s negligence resulted in the damages in question.

Erbs Palsy Case and Legal Help

If a medical professional fails to exercise the degree of skill, care, and proficiency exercised by a reasonable health care professional under the same circumstances, they can be held liable for the resulting damages in an Erbs palsy settlement case. An Erbs palsy settlement can include compensation for all related medical expenses, any loss of income or earning potential, and psychological suffering.

As with all personal injury legal cases, it is important to keep in mind that there is usually a statute of limitations that restricts the time in which you have to file an Erbs palsy settlement case. A well qualified and experienced attorney has the legal expertise to aggressively pursue an Erbs palsy settlement case in order to protect and maximize a plaintiff’s legal interests.

If you are interested in learning more about your legal rights and options in an Erbs palsy settlement case, you may wish to contact an attorney.

"Malpractice Caused Erb's Palsy"

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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