Looking for the Erb's Palsy Risk Factors

Negligence is often the cause of Erb's palsy

No parent wishes to see any harm come to their child. Yet, issues of medical malpractice often lead to difficult births. Sometimes, the negligence of the attending physician can lead to serious disorders such as Erb's Palsy. This is why parents will feel violated by their doctor and will seek to file a lawsuit. And, yes, many lawsuits have been filed after it is discovered a child is suffering from Erb's Palsy. But, is the appearance of Erb's Palsy enough for the parent to win a victory in a lawsuit? The answer this is obviously no. In order to win damages in such a contentious lawsuit, it is critical to prove liability on the part of the doctor or the hospital.

So, what is it that the injured party must prove? Well, obviously, proof must be presented that the doctor was a fault and it was not mitigating circumstances outside of the doctor's responsibility that led to the problem. For example, if the mother was obese then the mother might very well be responsible for the development of the nerve damage in the child. This is because obesity is a common factor in the development of Erb's palsy related nerve damage.

Gross negligence on the part of the doctor would obviously strengthen any lawsuit. If the doctor uses too much force in the delivery and an injury results and then this would be a clear cut case of negligence and medical malpractice. A failure to diagnose risk factors that could lead to Erb's Palsy would also swing the pendulum of negligence towards the doctor. Therefore, it is the responsibility of the attorney to ascertain where the fault lies and then seek appropriate damage in a court of law. If the case is strong enough and the argument compelling, then a positive outcome may result.