Erb's Palsy Legal Defense

A medical error made during childbirth can cause damage to the nerve network of the neck and shoulder area of a newborn's. This condition, also known as Erb's Palsy, can cause long-term issues in the affected arm.

A lawsuit for injuries to the brachial plexus can help families receive justice and financial compensation. A successful lawsuit can also bring medical professionals to account and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit may assist a family to receive the financial compensation they need to provide for their child with Erb’s palsy. The lawsuit can also hold the medical professionals accountable for their actions. A lawyer with experience in the field of Erb's Palsy may be able to help family members navigate the legal procedure.

The condition is caused by the brachialplexus, which is a nerve bundle that connects the arm and shoulder, is damaged. The most obvious sign of Erb's paralysis is typically an inability to raise the affected arm over the head. It can also be difficult to bend your elbow or place your hand in the "waiter tip" position. If both the lower and upper nerves are injured the patient could suffer from a more severe version of the condition referred to as global or total brachial plexus palsy.

It's usually due to an error made by an obstetrician during a difficult birth. Shoulder dystocia for instance, is when the shoulders of the baby get stuck in the birth canal. Doctors can use forceps or an extractor vacuum to deliver the baby but this can stretch the nerves, causing Erb's palsy.

A successful Erb's palsy suit could result in compensation that will cover the victim's medical treatment now and in the future, which includes occupational therapy and physical therapy, surgeries and other equipment. Compensation may also compensate for lost wages and suffering and attorneys pain.

Statute of limitations

The cost of caring for an child can be astronomical. A settlement could help families pay for these costs. A settlement can assist families with medical expenses and other essentials throughout the lifetime of your child. The value of your child's claim will be determined by the extent of their injuries and how much future treatment they might require. Your MA palatine erb's palsy lawsuit Palsy Lawyer will work with your doctor to determine the worth and present it at an initial trial.

The majority of birth injury lawsuits are settled outside of court, rather than going to trial. It can be expensive and time-consuming to fight your rights in court. If your legal team is able to demonstrate that the healthcare professional was negligent and unreasonably acted the way they did, they could succeed in securing a substantial settlement.

If you believe that your child's shoulder injury was caused by medical malpractice it is imperative to speak with an experienced attorney for erb's syndrome as soon as possible. Every state has a statute of limitations that imposes the time limit for when you must file a claim. If you miss this deadline, you will lose your right to sue for ever. This is why it is important to set up a free consultation as soon as you can.

Mediation

While a child suffering from Erb's Palsy can't be totally cured, treatment can help improve their quality of life. Physical therapy is an important element of recovery since it aids in restoring flexibility and strength to the muscles of the arms and hand. This is only helpful when the nerves haven't ruptured or torn. If they were, surgery could be required.

The underlying reason for Erb's palsy is abrachial muscles in the shoulder and neck. It is usually caused by shoulder dystocia. It is a birthing complication. It is a condition that occurs when a newborn is trapped beneath the pelvic bone (scapula). In the attempt to pull the baby out, medical staff often use excessive traction or pressure on the infant's head, which can cause damage to nerves and spinal cord.

A doctor who has been negligent in treating the condition can be held liable for the injuries. Depending on the severity the injury and the expected medical expenses, a settlement can pay for treatment and other expenses.

It is vital to choose an experienced lawyer who understands how to handle a birth-related injury case. These lawsuits are extremely complex and require extensive research into the medical records of the victim. The limitations period in each state can be different and must be adhered to.

Trial

If medical negligence is the cause of Erb's Palsy, patients could be entitled to compensation for their child's medical expenses, lost income, as well as discomfort and pain. An attorney with experience with birth injury lawsuits can assist families to receive the justice they deserve.

The brachial plexus can cause permanent and severe damage. In certain cases, they can lead to paralysis. This type of nerve injury usually occurs during labor that is difficult, when the baby is big or in a breech posture. When a doctor uses force to deliver the infant the shoulder could get caught behind the mother's pelvic bone, which can compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia and can cause Erb's palsy.

During this stage, your lawyer will gather evidence to support your case, including written reports from medical experts. The lawyer representing the defendant will also gather evidence to support their side of the story, including depositions from witnesses and medical documents.

After all the evidence has been collected, the attorneys will attempt to come to an agreement. In most cases the parties will reach an agreement on a set amount. The lawsuit will end. If the defendant does not agree to settle, the case will be tried. During a trial, a jury and judge will listen to both sides' arguments, and then decide whether the defendant was accountable for the injuries your child sustained.