Erb's Palsy Legal Defense

A mistake made during childbirth can cause damage to the nerve system in the neck and shoulder area of a newborn's. This injury, commonly referred to as Erb's Palsy, may cause long-term issues in the affected arm.

A lawsuit for brachial plexus injuries can help families get justice and financial compensation. A successful lawsuit could also keep medical professionals accountable and avoid future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may assist a family to receive the financial compensation needed to take care of their child who suffers from Erb's palsy. The lawsuit may also hold the medical professionals responsible for their actions. A qualified Erb's Palsy lawyer can guide a family through the legal process.

The condition develops when the brachialplexus, which is a nerve bundle that connects the arm and shoulder is damaged. The first sign of the condition is the inability to raise the affected arm above your head. It could also be difficult to bend the elbow or place the hand into the "waiter's tip" position. If both the upper and lower nerves are damaged the patient could suffer from a more severe version of the condition referred to as total or global brachial plexus palsy.

It's usually due to an error made by an obstetrician during a difficult birth. For instance the baby's shoulder can get stuck in the birth canal, which is known as shoulder dystocia. Doctors can use forceps in order to give birth to a baby or Erb's Palsy Attorney a vacuum extraction device, but this may stretch the nerves which can cause Erb's palsy.

A successful lawsuit for erb's palsy law firm palsy could result in compensation for the victim's ongoing and future treatment such as occupational therapy, physical therapy or surgery, as well as other equipment. Compensation could cover the loss of wages or pain and suffering as well as even the loss of wages.

Statute of limitations

The cost of caring for a child with Erb's Palsy can be exorbitant. Settlements can help families pay for these costs. While a settlement won't be able to repair the harm your child sustained but it can help you afford medical treatment and other necessities for the rest of their lives. The worth of your child's case will be determined by the extent of their injuries and the amount of future treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the value and present it during an investigation.

Most birth injury lawsuits settle out of court rather than going to trial. It can be costly and time-consuming to fight your rights in court. If your legal team can prove that the healthcare professional was unreasonably and that their negligence caused the injury of your child it could be possible to obtain a substantial settlement.

If you think the shoulder injury your child suffered was the result of medical malpractice, it is important to speak with an experienced erb's palsy attorney as soon as you can. Each state has a statute that limits the time you must submit a claim. You will lose the right to sue if you miss this deadline. It is important to arrange your free consultation as soon as possible.

Mediation

While a child suffering from Erb's palsy cannot be completely cured, treatment can help improve their quality of life. Physical therapy is an essential element of recovery to help restore range of motion and strengthens the muscles of the arms and hands. However, this will only help if the muscles aren't rupturing or torn. If they were, surgery could be necessary.

The underlying reason for Erb's palsy is abrachial plexus nerves in the shoulder and neck. This is most often caused by a problem during the birth process known as shoulder dystocia. This happens when a baby gets stuck under the mother’s pelvic bone. To try to get the baby free, medical professionals frequently use excessive traction and force on the infant's head which can cause damage to the spinal cord and nerves.

A doctor who is negligent in treating the condition can be held liable for the injuries. Based on the severity of the injury and the projected medical expenses the settlement could cover the cost of treatment and other expenses.

It is imperative to employ an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits can be complicated and require extensive investigation into the victim's medical records. The limitations period in each state can be different and must be complied with.

Trial

If medical negligence is the root cause of Erb's palsy, the victims may be entitled compensation for their child's medical expenses, income loss, and pain and discomfort. A lawyer with experience in birth injury cases can assist families receive the justice they deserve.

Injury to the brachialplexus can cause permanent and severe damage to the brachialplexus. In certain instances they can lead to paralysis. This type of injury happens when a baby is placed in an open or large position or during a difficult delivery. When doctors use force to deliver the infant the shoulder may get stuck behind the mother's pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia. It could lead to erb's palsy lawyers Palsy.

At this point, your lawyer will collect evidence for your case. This could include written reports from medical specialists. The legal team of the defendant will also gather evidence to support their side of the case which includes witness depositions, as well as additional medical records.

After all the evidence is gathered, the lawyers will try to reach an agreement. Usually, both sides agree to a sum of money and the lawsuit will be closed at this point. If the defendant is unwilling to settle the matter and the case goes to the court. During a trial the jury and judge will hear both sides' arguments, and then decide whether the defendant is responsible for the injuries your child sustained.