Erb's Palsy Legal Defense

A medical mistake during childbirth can damage the nerve network in a baby’s neck and shoulder. This injury, known as Erb's palsy, could cause long-term complications in the affected arm.

A brachial plexus injury lawsuit can aid families in receiving justice and financial compensation. A successful lawsuit may also bring medical professionals to account and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can assist a family to receive the financial compensation they need to care for a child with Erb's palsy. A lawsuit may also bring medical professionals to account for their actions. A qualified Erb's palsy lawyer will guide a family through the legal process.

The condition occurs when the brachialplexus, which is a nerve bundle that connects 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 may also be difficult to bend the elbow or place the hand into a "waiter's tip" position. If both the lower and upper nerves are damaged the person may suffer from a more severe version of the condition referred to as total or global brachial plexus palsy.

It's often a result of a medical mistake during a difficult delivery. For instance, the baby's shoulders can get stuck in the birth canal, which is known as shoulder dystocia. Doctors may use forceps or vacuum extractors to deliver the infant but this can stretch the nerves and result in Erb's palsy.

A successful Erb's palsy lawsuit could result in compensation for the victim's current and future treatment such as occupational therapy, physical therapy, surgery, and special equipment. Compensation may also be used to cover lost wages and suffering and pain.

Statute of limitations

The cost of caring for an Erb's Palsy child can be exorbitant. A settlement can assist families with the costs. Settlements can assist families with medical treatment and other necessities throughout the course of your child's life. The value of your child's case will be based on the extent of their injuries as well as the amount of future treatment they might require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the worth and present it at the trial.

Most birth injury lawsuits settle out of court instead of going to trial. This is because it may be more costly and time-consuming to fight for your rights at a trial. If your legal team can demonstrate that the healthcare professional acted in a way that was unreasonable and that their negligence caused the injury to your child and/or death, they could be able to secure a substantial settlement.

If you think that the shoulder injury suffered by your child was due to medical negligence It is essential to contact an experienced erb's palsy attorney as soon as possible. Every state has a statute that limits the time you have to make a claim. You'll lose your right to sue if you are late. Therefore, it is essential to schedule a free consultation as soon as possible.

Mediation

Although a child's overall quality of life can be improved, Erb's Palsy cannot be treated. Physical therapy is a vital part of the recovery, as it helps to restore flexibility and strength to the muscles of the hand and arms. This is only helpful when the nerves aren't ruptured or torn. If they were, surgery might be required.

The root cause of Erb's palsy is the damage to the brachial muscles in the shoulder and neck. This is caused most commonly by shoulder dystocia, a birthing complication. It can happen when a newborn is trapped under the mother's pelvic bone (scapula). In the effort to free the baby, medical staff may resort to excessive force and use traction 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 accountable for the injury. Based on the severity the injury and the estimated future medical expenses the settlement could cover the cost of treatment and other expenses.

It is important to hire an attorney who is experienced in dealing with birth injury cases. These lawsuits are often complicated and require extensive investigation into the victim's medical records. Additionally, the statute of limitations can change in each state and must be adhered to.

Trial

When Erb's palsy is caused by negligence in the medical field, victims could be entitled to compensation for their child's medical costs as well as loss of income and suffering and pain. A lawyer who has experience in birth injury lawsuits can assist families in receiving the justice they deserve.

Injury to the brachialplexus can result in permanent and severe damage to the brachialplexus. In some cases they can result in paralysis. This kind of injury occurs when a baby is placed in the breech or in a large position or Erb's palsy undergoing an uneasy delivery. When a doctor uses force to deliver the infant, the shoulder can become caught behind the mother's pelvic bone and compress or stretch the shoulder nerves. This is known as shoulder dystocia. It may also lead to Erb's palsy.

During this phase, your lawyer will gather evidence to support your case, such as written reports from medical experts. The legal team of the defendant will also collect evidence for their side of the story which includes depositions of witnesses and additional medical documents.

Once all evidence has been gathered, the lawyers will try to negotiate a settlement. In most cases the parties will reach an agreement on a set amount. The lawsuit will be over. If the defendant does not settle the case then it will be referred to the court. During the trial, the jury and judge will examine both sides and determine whether the defendant is responsible for your child’s injuries.