Erb's Palsy Legal Defense

A medical error Erb's palsy lawsuit during childbirth can cause damage to the nerves' network in the neck and shoulder of a baby's. This condition is known as Erb's Palsy and could result in long-term complications for the affected arm.

A lawsuit for injuries to the brachial plexus can help families get justice and financial compensation. A successful lawsuit can hold medical professionals accountable and avoid future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could assist a family to receive the financial relief they need to take care of a child with Erb's palsy. The lawsuit can also hold medical professionals responsible for their actions. A lawyer with experience in the field of Erb's palsy can assist a family navigate the legal procedure.

The condition is caused when the brachialplexus, which is a nerve bundle that runs through the arm and shoulder is damaged. The most prominent symptom of Erb's Palsy is typically an inability to elevate the affected arm above the head. You may also find it difficult to bend your elbow, or put your hand in an "waiter tip" position. If both lower and upper nerves have been damaged the person could suffer from a severe type of brachial palsy.

It's usually caused by an error made by an obstetrician during a difficult birth. Shoulder dystocia for instance is when the baby's shoulders are stuck in the birthing canal. Doctors may employ forceps or a vacuum extractor to deliver the infant but this can stretch the nerves and lead to Erb's palsy.

A successful Erb's Palsy lawsuit could result in compensation for Erb's palsy lawsuit a victim's current and future treatment which includes occupational therapy, physical therapy, surgery, and special equipment. Compensation can cover lost wages, pain and suffering, and even lost wages.

Statute of limitations

The cost of caring for an Erb's palsy child can be enormous. Compensation from a settlement can help families cover these expenses. While a settlement won't be able to repair the harm your child sustained but it will assist you in paying for medical treatment and other necessities for the rest of their life. The worth of your child's case will be based on the extent of their injuries and the amount of future treatment they will require. Your MA Erb’s Palsy lawyer and your doctor will determine the worth of your case, which they will present during a court trial.

The majority of birth injury lawsuits are settled outside of court, rather than going to trial. It can be expensive and time-consuming for you to fight your rights in court. However, if your legal team can demonstrate that the healthcare professional acted in a way that was unreasonable and that their negligence caused the injury of your child, they may be able to secure a substantial settlement.

You should contact an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was caused by medical negligence. Each state has its own statute of limitations which sets an amount of time you must make a claim. If you miss this deadline, you will lose your right to sue forever. It is essential to book your free consultation as quickly as you can.

Mediation

While a child with Erb's syndrome can't be completely cured, treatment can help improve their quality of life. Physical therapy is an important part of the recovery process, as it helps restore range of movement and strengthen the muscles in the hands and arms. This can only be beneficial when the nerves haven't been ruptured or torn. If they were, surgery might be necessary.

The underlying cause of Erb's syndrome is damage to the brachial nerves that run through the shoulder and neck. This is most commonly caused by a complication during the birth known as shoulder dystocia. It can happen when a baby gets stuck beneath the pelvic bone (scapula). In an effort to remove the baby, medical staff might use excessive force and use traction on the skull of the infant and cause damage to the spinal cord and nerves.

A doctor who was negligent in treating the condition can be held liable for the injuries. Settlements can be used to cover future medical expenses and treatment costs depending on the severity of the injury.

It is essential to find an experienced lawyer who understands how to handle a birth injury case. These lawsuits are complicated and require a thorough investigation of the medical documents of the victim. The time limits in each state can be different and must be complied with.

Trial

If medical negligence is the cause of the condition, the victims could be entitled to an award for their child's medical expenses, income loss, and pain and discomfort. A lawyer who has expertise in lawsuits involving birth injuries will assist families in getting the justice they deserve.

The brachialplexus is a muscle that can be injured and result in permanent and severe damage to the brachialplexus. In some cases, they can lead to paralysis. This kind of nerve injury typically occurs during a difficult birth when a baby is large or in a breech position. When the doctor uses force to deliver the baby the shoulder could get trapped behind the pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia, and can cause Erb's aplasia.

At this point your lawyer will collect evidence for your case. This may include written reports from medical specialists. The legal team of the defendant will gather evidence to support their case including witness depositions as well as additional medical records.

After all the evidence has been gathered, the lawyers will seek to negotiate a settlement. Usually, both sides will agree to a specific amount of funds and the case is over at this point. However, if the defendant does not agree to settle, the case will be tried. During a trial, the jurors and the judge will consider both sides' arguments and decide whether the defendant is responsible for the injuries your child sustained.