Erb's Palsy Legal Defense

A medical mistake during childbirth can cause damage to the nerves' network in the neck and shoulder area of a newborn's. This injury, referred to as Erb's Palsy, may cause long-term issues in the affected arm.

A lawsuit for brachial plexus injuries can help families receive justice and financial compensation. A successful lawsuit may also hold medical professionals accountable and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit may aid a family in obtaining the financial compensation they require to take care of a child with Erb's Palsy. A lawsuit can also hold medical professionals accountable for their actions. A qualified lawyer for Erb's palsy can assist a family through the legal process.

The condition is caused by the damage to a bundle of nerves in the shoulder and arm known as the brachial nerve plexus. The first sign of Erb's paralysis is typically an inability to lift the affected arm above the head. It may also be difficult to bend your elbow or position your hand in the "waiter tip" position. If both the upper and lower nerves are injured the patient could suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.

It's usually the result of a mistake made by a doctor during a difficult birth. For example the baby's shoulder can get stuck in the birth canal, a condition referred as shoulder dystocia. Doctors may use forceps to deliver an infant or use a vacuum extraction tool, but this could stretch nerves which can cause Erb's palsy.

A successful Erb's palsy lawsuit could result in compensation for a patient's treatment currently and in the future that includes occupational therapy, physical therapy and surgery, as well as special equipment. Compensation could also pay for lost wages, as well as suffering and pain.

Statute of limitations

The cost of caring for an Erb's-Pallsy child can be exorbitant. Settlements can aid families in covering these costs. While a settlement can't undo the injury your child suffered but it can help you afford medical treatment and other necessities for the remainder of their lives. The value of your case will be contingent on the severity of your child's injuries and the amount of future treatment that they might require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then defend it in a trial.

The majority of birth-related injury lawsuits are settled outside of court, rather than going to trial. It can be expensive and time-consuming for you to defend your rights in court. If your legal team can prove that the healthcare professional acted out of deference and that their negligence caused the injury of your child it could be possible to secure a substantial settlement.

If you think that the shoulder injury suffered by your child was the result of medical malpractice It is crucial to speak with an experienced Erb's palsy lawyer as soon as possible. Each state has its own statute of limitation that sets a limit on how long you must make a claim. You'll lose your right to sue if miss this deadline. This is why it is crucial to set up a free consultation as soon as you are able to.

Mediation

Although a child's quality of life can be improved, Erb's ailment cannot be cured. Physical therapy is an essential element of recovery and helps to restore range of movement and strengthen the muscles in the hands and arms. However, it can only help if the nerves are not torn or ruptured. If they were, surgery may be necessary.

The root cause of Erb's syndrome is the damage to the brachial nerves that run through the shoulder and Erb's palsy neck. This is caused most commonly by shoulder dystocia, a birthing complication. This may occur when a newborn is trapped in the pelvic bone of the mother's pelvis (scapula). To try to get the baby out, medical staff frequently use excessive traction and pressure on the head of the infant, which can cause damage or injury to the nerves and spinal cord.

A doctor who has been negligent in treating the condition could be held accountable for the injury. A settlement could pay for future medical costs and treatment costs based on the severity of the injury.

It is vital to choose an experienced lawyer who knows how to handle a birth-related injury case. These lawsuits can be complicated and require extensive research into the medical records of the victim. The statute of limitations in every state is different and must be complied with.

Trial

If medical negligence is the reason of Erb's Palsy, victims may be entitled compensation for their child’s medical expenses, lost income as well as pain and discomfort. A lawyer with experience in birth injury cases can help families receive the justice they deserve.

Injuries to the brachial nerve can cause serious and permanent damage. In certain cases, they can lead to paralysis. This type of injury can occur when a baby is in the breech or in a large position, or during the difficult delivery. When a physician uses a lot of force to deliver a baby the shoulder could become caught in the pelvic bone, which causes the shoulder nerves to be compressed, stretched, or Erb's Palsy torn. This is called shoulder dystocia. It may also lead to Erb's syndrome.

In this phase the lawyer will gather evidence for your case, such as written reports from medical experts. The legal team of the defendant will also collect evidence for their side of the case which includes depositions of witnesses and medical documents.

After all the evidence is gathered, the lawyers will attempt to negotiate an agreement. Usually, both sides will agree to a specific amount of funds and the case will be closed at this point. If the defendant refuses to settle, the case will be tried. During the trial the judge and jury will consider both sides and decide whether the defendant is responsible for the injuries your child sustained.