Erb's Palsy Legal Defense

A medical error made during childbirth could damage the nerve system in the neck and shoulder of a baby's. This injury, known as Erb's palsy, could cause long-term problems in the affected arm.

A brachial plexus injury lawsuit can assist families to receive financial compensation and justice. A successful lawsuit may also hold medical professionals accountable and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could assist a family to receive the financial aid they need to care for their child suffering from Erb's syndrome. A lawsuit may also make medical professionals accountable for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal process.

The condition occurs when the brachialplexus, which is a nerve bundle that runs through the shoulder and arm, is damaged. The first sign of Erb's palsy is the inability to raise the affected arm above your head. It can also be difficult to bend your elbow or place your hand in the "waiter tip" position. If both the upper and lower nerves are injured the patient could suffer from a more severe version of the condition known as total or global brachial plexus palsy.

It's usually due to a mistake made by the doctor during a difficult birth. Shoulder dystocia, as an example is when the shoulders of the baby are stuck in the birthing canal. Doctors may use forceps, or vacuum extractors to deliver the baby however this could stretch the nerves and cause Erb's palsy.

A successful lawsuit for Erb's palsy can result in compensation for the victim's ongoing and future treatment, including physical therapy, occupational therapy and surgery, as well as special equipment. Compensation could cover lost wages, pain and suffering and even the loss of wages.

Statute of limitations

The cost of caring for a child who suffers from erb's palsy lawsuit syndrome can be enormous. Settlements can aid families in paying the costs. While a settlement can't undo the damage your child sustained, it can help you afford medical treatment and other necessities for the remainder of their lives. The value of your case will depend on the extent of your child's injuries as well as the amount of future care that they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this worth and present it at the trial.

The majority of birth-related injury lawsuits are settled outside of court rather than going to trial. This is because it may be more costly and time-consuming to defend your rights at trial. However, if your legal team can prove that the healthcare professional acted in a way that was unreasonable and their negligence resulted in the injury of your child it could be possible to negotiate a significant settlement.

If you think that the shoulder injury suffered by your child was the result of medical malpractice it is imperative to contact an experienced Erb's Palsy lawyer as quickly as possible. Each state has its own statute of limitations that imposes an amount of time you have to file your claim. You'll lose your right to sue if you are late. For this reason, it is crucial to schedule a free consultation as soon as possible.

Mediation

Although a child's overall quality of life can be improved, the condition Erb's Palsy cannot be treated. Physical therapy is a vital component of recovery, because it can help restore range of movement and strengthen the muscles of the arms and hand. This is only beneficial in the event that the nerves haven't been torn or ruptured. If they were, then surgery may be necessary.

The brachial nerves of the shoulder and neck are damaged. This is most commonly caused by a complication during delivery known as shoulder dystocia. This may occur when a baby gets stuck beneath the pelvic bone of the mother (scapula). In the attempt to pull the baby out, medical personnel often use excessive traction or force on the infant's head which can cause damage or injury to the nerves and spinal cord.

A doctor who was negligent in treating the condition could be held responsible for the injury. A settlement can cover future medical costs and treatment costs depending on the severity of the injury.

It is crucial to select a lawyer who has experience in handling birth injury cases. These lawsuits are complex and require a thorough investigation of the medical records of the victim. The limitations period in each state can be different and must be complied with.

Trial

If medical negligence is the reason of Erb's Palsy, patients could be entitled to an award for their child's medical expenses, lost income and discomfort and erb's palsy lawyer pain. A lawyer with experience in birth injury lawsuits will assist families in getting the justice they deserve.

Injuries to the brachial nerve can cause serious and permanent damage to the brachial plexus. In some cases the injuries may cause paralysis. This kind of injury occurs when a baby is in the breech or in a large position, or during an uneasy delivery. When doctors use force to deliver the infant the shoulder may get stuck behind the pelvic bone, causing it to compress or stretch the shoulder nerves. This is known as shoulder dystocia. It may also lead to Erb's Palsy.

In this stage your lawyer will gather evidence to support your case. This may include written reports from medical specialists. The legal team of the defendant will also gather evidence for their side of the argument and depositions from witnesses and additional medical documents.

After all the evidence is taken into consideration, the lawyers attempt to reach an agreement. Usually, both sides agree to a specific amount of money, and the lawsuit will end at this point. However, Erb's Palsy lawyer if the defendant refuses to settle the case, it will be heard at trial. During the trial the judge and jury will hear both sides and decide whether the defendant is responsible for your child's injuries.