Erb's Palsy Legal Defense

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

A brachial plexus injury lawsuit can provide families with 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 compensation they require to care for their child with Erb's palsy. The lawsuit can also hold medical professionals accountable for their actions. A lawyer with experience in the field of Erb's Palsy may be able to help a family navigate the legal process.

The condition is caused by the damage to a bundle of nerves in the arm and shoulder known as the brachial nerve plexus. The first sign of Erb's palsy is the inability to raise the affected arm above your head. It may be a challenge to bend the elbow or place the hand into an "waiter's tip" position. If both the upper and lower nerves are injured the patient may suffer from a severe case of brachial palsy.

It's usually caused by a mistake made by an obstetrician during a difficult birth. Shoulder dystocia, for instance is when the shoulders of the baby are stuck in the birth canal. Doctors may employ forceps or an extractor vacuum to deliver the infant however this could stretch the nerves and result in Erb's palsy.

A successful Erb's palsy lawsuit could result in compensation for a victim's current and future treatment that includes occupational therapy, physical therapy surgeries, and other equipment. Compensation can cover the cost of lost wages or pain and suffering as well as even lost wages.

Statute of limitations

The cost of caring for a child who suffers from Erb's syndrome can be enormous. Settlements can assist families with these costs. Although a settlement will not reverse the damage your child sustained however, it could assist you in paying for medical treatment and other necessities for the remainder of their life. The value of your child's lawsuit will be based on the severity of their injuries as well as the amount of future treatment they will require. Your MA Erb's Palsy Lawyer and doctor will decide the value of your case and present it in a court trial.

The majority of birth injury lawsuits are settled out of court, rather than going to trial. It can be costly and time-consuming to fight your rights in court. However, if your legal team can prove that the healthcare professional acted unreasonably and their negligence resulted in the injury to your child, they may be able to win you a substantial settlement.

You should contact an experienced erb’s palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was a result of medical negligence. Every state has a statute of limitation that sets the time limit for when you have to make a claim. You'll lose your right to sue if don't meet this deadline. It is for this reason that it is essential to schedule a free consultation as soon a time as you can.

Mediation

Although a child's overall quality of life can be improved, the condition Erb's Palsy cannot be treated. Physical therapy is an essential part of the recovery, since it aids in restoring range of movement and strengthen the muscles of the hand and arms. This can only be beneficial if the nerves have not ruptured or strained. If they were, surgery might be required.

The brachial nerves of the neck and shoulder are damaged. This is most often caused by a complication during delivery known as shoulder dystocia. It can happen when a baby becomes stuck beneath the pelvic bone (scapula). To try to get the baby out, lawsuit medical personnel frequently use excessive traction and pressure on the infant's head, which can cause damage to nerves and spinal cord.

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

It is imperative to employ an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits are extremely complex and require a thorough study of the medical documents of the victim. Furthermore the statute of limitations may be different in each state, and must be followed.

Trial

If medical negligence is the reason of Erb's Palsy, patients may be entitled the right to compensation for their child's medical expenses, income loss, and pain and discomfort. An attorney with experience in birth injury lawsuits can assist families to receive the justice they deserve.

The brachial plexus can cause permanent and severe damage. In some instances they can cause paralysis. This type of injury occurs when a baby is placed in the breech or in a large position or during the difficult delivery. When doctors use force to deliver the infant the shoulder could get stuck behind the pelvic bone, causing it to compress or stretch the shoulder nerves. This is called shoulder dystocia. It can also cause Erb's Palsy.

In this stage the lawyer will collect evidence for your case. This could include medical reports in writing. The legal team of the defendant will also gather evidence to support their case including witness depositions as well as additional medical records.

After all evidence has been obtained, the attorneys will attempt to reach an agreement. Usually, both sides will agree to a sum of money and the lawsuit will be closed at this point. If the defendant does not settle the matter and the case goes to the court. During a trial, the jurors and the judge will consider both sides' arguments and determine whether the defendant is accountable for the injuries your child sustained.