Erb's Palsy Legal Defense

An error in childbirth can damage the nerve system in a baby’s neck and shoulder. This condition is known as Erb's palsy and can result in long-term complications for the affected arm.

A brachial plexus lawsuit can aid families in receiving financial compensation and justice. A successful lawsuit can hold medical professionals accountable and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can aid a family in obtaining the financial aid they need to care for their child with Erb's palsy. A lawsuit can also make medical professionals accountable for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal procedure.

The condition develops when the brachialplexus, a bundle of nerves that connects the shoulder and arm, is damaged. The first symptom of Erb's palsy is usually an inability to elevate the affected arm above the head. It may also be difficult to bend your elbow or position your hand in an "waiter tip" position. If both the lower and upper nerves are injured the person may suffer from a more severe form of the condition known as global or total brachial plexus palsy.

It's often a result of a medical error during a difficult delivery. Shoulder dystocia, for example is when the baby's shoulders get stuck in the birth canal. Doctors may employ forceps or an extractor vacuum to deliver the infant but this can stretch the nerves, causing erb's palsy attorneys palsy.

A successful Erb's palsy lawsuit can result in compensation for a patient's future and current treatment which includes occupational therapy, physical therapy and surgery, as well as special equipment. Compensation may also be used to pay for lost wages as well as suffering and pain.

Statute of limitations

The cost of caring for a child with Erb's palsy can be astronomical. A settlement can assist families with these expenses. While a settlement cannot undo the harm your child sustained but it will allow you to pay for medical treatments and other necessities for the remainder of their life. The worth of your child's case will be based on the severity of their injuries and the amount of treatment they may need. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this worth and present it at a trial.

A majority of birth injury lawsuits are settled out of court instead of 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 in a way that was unreasonable and their negligence led to the injury of your child it could be possible to obtain a substantial settlement.

If you think that your child's shoulder injury was due to medical negligence it is imperative to contact an experienced erb's palsy attorney as soon as possible. Each state has its own statute of limitation that sets the time limit for when you have to make a claim. You'll lose the right to sue if you are late. It is for this reason that it is important to schedule a free consultation as soon a time as you can.

Mediation

While a child with Erb's palsy cannot be completely cure, palsy treatment can improve their quality of life. Physical therapy is an essential part of the recovery process and helps to restore range of motion and strengthen the muscles in the hands and arms. This is only beneficial in the event that the nerves haven't ruptured or strained. If they were, surgery could be required.

The root cause of Erb's palsy is abrachial nerves of the plexus in the shoulder and neck. This is most often caused by shoulder dystocia, which is a birthing complication. This can occur when a newborn is trapped beneath the pelvic bone of the mother (scapula). To free the baby, Palsy medical staff may apply excessive force and traction on the infant's skull and cause damage to the spinal cord and nerves.

A doctor who is negligent in treating the condition could be held accountable for the injury. Settlements can be used to cover future medical costs and treatment costs depending on the severity of the injury.

It is important to hire a lawyer who has experience in dealing with birth injury cases. These lawsuits can be complicated and require extensive research into the victim's medical records. Moreover, the statute of limitations could be different in each state and must be adhered to.

Trial

When Erb's palsy is caused by medical negligence, victims may be entitled to compensation for medical expenses for their child or loss of income and suffering. An attorney with experience in bringing lawsuits for birth injuries can help families receive the justice they deserve.

Injuries to the brachial plexus can result in permanent and severe damage to the brachial plexus. In some instances, they can lead to paralysis. This type of nerve injury usually occurs during labor that is difficult, when the baby is big or is in a breech stance. If a doctor is using excessive force to deliver a baby the shoulder can become caught in the pelvic bone, causing shoulder nerves to be compressed, stretched or torn. This is known as shoulder dystocia. It may also lead to Erb's palsy.

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

Once all evidence has been taken into consideration, the lawyers will try to reach an agreement. In the majority of cases the parties will agree on a specific amount. The lawsuit will be closed. However, if the defendant doesn't agree to settle, the case goes to trial. During a trial, a judge and jury will hear both sides' arguments and decide whether the defendant is accountable for the injuries your child sustained.