Erb's Palsy Legal Defense

An error in birth can cause damage to the nerve system of the neck and shoulder of a newborn baby. This injury, commonly referred to as Erb's'Palsy', can cause long-term complications for the affected arm.

A lawsuit for brachial plexus injuries can help families receive justice and financial compensation. A successful lawsuit may also ensure that medical professionals are held accountable and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family get the financial relief needed to provide for their child with Erb’s palsy. A lawsuit can also ensure that medical professionals are held accountable for their actions. A qualified Erb's palsy lawyer can guide a family through the legal procedure.

The condition is caused by the damage to a bundle of nerves in the shoulder and arm known as the brachial nerve plexus. The most prominent symptom of Erb's Palsy is typically an inability to raise the affected arm over the head. You may also find it difficult to bend your elbow or position your hand in the "waiter tip" position. If both lower and upper nerves have been injured, the victim could suffer from a severe type of brachial palsy.

It's usually the result of a mistake made by doctors during a challenging birth. Shoulder dystocia, for example, is when the shoulders of the baby get stuck in the birth canal. Doctors may employ forceps or a vacuum extractor to deliver the infant, but this can stretch the nerves and cause Erb's palsy.

A successful Erb's palsy lawsuit could result in compensation for the victim's current and future treatment, including occupational therapy, physical therapy, surgery, and special equipment. Compensation could cover the loss of wages, pain and suffering, and even lost wages.

Statute of limitations

The cost of caring for a child with Erb's palsy can be staggering. Settlements can help families pay for these expenses. While a settlement cannot undo the injury that your child suffered, it can assist you in paying for medical treatment and other necessities for the rest of their lives. The value of your child's lawsuit will be based on the severity of their injuries as well as the amount of treatment they will require. Your MA Erb's Palsy lawyer and your physician will determine the worth of your case, which they will present during a trial.

The majority of birth injury lawsuits are settled outside of court instead of going to trial. This is because it could be more expensive and time-consuming to defend your rights at trial. If your legal team can show that the healthcare professional's negligence and unreasonably acted, they may be successful in obtaining a large settlement.

If you believe that the shoulder injury your child suffered was due to medical negligence, it is important to contact a knowledgeable erb's palsy attorney as soon as possible. Each state has a statute of limitations that sets an amount of time you have to submit your claim. You will lose the right to sue if don't meet this deadline. For this reason, it is crucial to schedule a consultation as soon as you are able to.

Mediation

Although a child's quality life can be improved, Erb's ailment is not curable. Physical therapy is a crucial component of recovery, since it aids in restoring mobility and strengthen the muscles of the hands and arms. However, it can only help if the muscles are not torn or ruptured. If they were, surgery might be required.

The root cause of Erb's syndrome is the damage to the brachial nerves of the plexus in the neck and shoulder. This is most often caused by shoulder dystocia, which is a birthing complication. This happens when a child is trapped in the pelvic bone of a mother's birth. In the attempt to pull the baby out, medical professionals typically use excessive traction and pressure on the infant's head which can cause damage to the nerves and spinal cord.

A doctor who failed to treat the condition may be held responsible for the injury. A settlement could cover future medical costs and treatment costs based on the severity of the injury.

It is crucial to select an attorney with experience in dealing with birth injury cases. These lawsuits can be complicated and require extensive research into the medical records of the victim. The time limits in every state is different and must be observed.

Trial

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

The brachial plexus can cause serious and permanent damage to the brachial plexus. In certain cases they may lead to paralysis. This type of injury occurs when a baby is placed in a breech or large position or during an uneasy delivery. When a doctor makes use of force to deliver the baby the shoulder may get stuck behind the mother's pelvic bone, which can compress or stretch the shoulder nerves. This is known as shoulder dystocia and can cause Erb's syndrome.

During this phase the lawyer will gather evidence to support your case, including written reports from medical experts. The legal team of the defendant will also collect evidence to back their case, including witness depositions and additional medical documents.

After all the evidence has been obtained, the attorneys will try to reach an agreement. Usually, both sides will accept a certain amount of funds and the case will be closed at this point. However, if the defendant is not willing to settle the case, it will be heard at trial. In a trial, the judge and jury will hear both sides' arguments and decide whether the defendant is accountable for your child's injuries.