Erb's Palsy Legal Defense

A mistake made during childbirth could damage the nerve system of a baby’s neck and shoulder. This condition is known as Erb's spalsy and may cause long-term problems for the affected arm.

A brachial plexus injury lawsuit could assist families to receive justice and financial compensation. A successful lawsuit could also ensure that medical professionals are accountable and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit may help a family get the financial compensation they need to care for their child who suffers from Erb's palsy. A lawsuit could also bring medical professionals to account for their actions. An experienced Erb's-Palsy lawyer can assist a family through the legal procedure.

The condition is caused by damage to a nerve bundle in the shoulder and arm called the brachial plexus. The first sign of Erb's palsy is the inability to raise the affected arm above your head. You may also find it difficult to bend your elbow or put your hand in a "waiter tip" position. If both the upper and lower nerves are injured the patient may suffer from a more severe version of the condition known as total or global brachial plexus palsy.

It's usually caused by a mistake made by a doctor during a difficult birth. For example the baby's shoulder can become stuck in the birth canal, a condition known as shoulder dystocia. Doctors can employ forceps to deliver an infant or use a vacuum extraction device, but it could cause nerves to be stretched, that cause Erb's Palsy.

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

Statute of limitations

The cost of caring for an child can be exorbitant. Settlement settlements can aid families in covering these costs. Although a settlement will not reverse the injury your child suffered but it can aid in the cost of medical treatment and other necessities for the remainder of their lives. The value of your child's case will be determined by the extent of their injuries and how much future treatments they may require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then present it at a trial.

Most birth injury lawsuits settle out of court, instead of going to trial. It can be costly and Erb's Palsy Lawsuit time-consuming for you to defend your rights in court. If your legal team can show that the healthcare professional's negligence and unreasonably acted the way they did, they could succeed in obtaining a substantial settlement.

If you think that the shoulder injury suffered by your child was the result of medical malpractice, it is important to contact a knowledgeable Erb's palsy lawyer as soon as you can. Each state has a statute of limitations that imposes the time limit for when you must make a claim. You'll lose the right to sue if are late. Therefore, it is important to schedule a free consultation as soon as you are able to.

Mediation

While a child with Erb's syndrome can't be completely cured, treatment can help improve their quality of life. Physical therapy is a vital component of recovery, because it can help restore mobility and strengthen the muscles of the arms and hand. However, this will only help if the nerves aren't ruptured or torn. If they were, surgery might be necessary.

The underlying cause of erb's palsy lawsuit syndrome is damage to the brachial nerves that run through the shoulder and neck. This is most often caused by a complication during birth, which is known as shoulder dystocia. This may occur when a baby is stuck beneath the pelvic bone of the mother (scapula). In order to free the baby, medical professionals may resort to excessive force and pressure on the skull of the infant and cause damage to the spinal cord and nerves.

A doctor who is negligent in treating the condition may be held responsible for the injury. Depending on the severity the injury and the projected medical expenses, a settlement can be used to pay for treatments and other expenses.

It is vital to choose an experienced lawyer who knows how to manage a birth injury case. These lawsuits can be extremely complicated and require extensive investigation into the medical records of the victim. The time limits in states can differ and must be adhered to.

Trial

When Erb's palsy is caused due to medical negligence, the victims could be entitled to compensation for their child's medical costs or loss of income and suffering and pain. An attorney with experience in birth injury cases can help families get the justice they deserve.

Injury to the brachialplexus can cause permanent and severe damage. In some cases they may lead to paralysis. This kind of injury occurs when a baby is in the breech or in a large position, or during an extremely difficult delivery. When a doctor uses force to deliver the infant the shoulder may get trapped behind the pelvic bone, which can compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia, and can cause Erb's palsy.

At this point your lawyer will gather evidence for your case. This could include written reports from medical professionals. The lawyer representing the defendant will also collect evidence for their side of the case and depositions from witnesses and medical documents.

Once all evidence has been taken into consideration, the lawyers will attempt to come to an agreement. In the majority of cases, both parties will agree on a certain amount. The lawsuit will be concluded. However, if the defendant refuses to settle the case, it will be tried. During the trial, the jury and judge will hear both sides and decide whether the defendant is accountable for the injuries your child sustained.