Erb's Palsy Legal Defense

A medical error during childbirth could damage the nerve network of the neck and shoulder of a newborn baby. This condition, also known as Erb's'Palsy', can cause long-term complications for the affected arm.

A brachial-plexus injury lawsuit can help families receive justice and financial compensation. A successful lawsuit can also keep medical professionals accountable and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family get the financial compensation needed to care for their child with Erb’s palsy. A lawsuit can also bring medical professionals to account for their actions. A lawyer who is experienced in the field of Erb's palsy can assist family members navigate the legal process.

The condition is caused when the brachialplexus, a nerve bundle that connects the arm and shoulder is damaged. The most obvious sign of Erb's paralysis is typically an inability to elevate the affected arm above the head. It might also be difficult to bend the elbow or put the hand in an "waiter's tip" position. If both the upper and lower nerves have been injured the person could be suffering from a severe form of brachial palsy.

It's usually the result of an error made by the doctor during a difficult birth. Shoulder dystocia, for example is when the baby's shoulders are 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.

A successful Erb's palsy suit could result in compensation to cover the victim's treatment now and in the future, which includes occupational therapy and physical therapy, surgery and special equipment. Compensation can be used to cover the cost of lost wages, pain and suffering and even lost wages.

Statute of limitations

The cost of caring for an child can be enormous. Settlement settlements can help families pay for these expenses. A settlement can aid families in paying for medical expenses and other essentials throughout the lifetime of your child. The value of your child's lawsuit will be determined by the extent of their injuries and the amount of treatment they may need. Your MA Erb's Palsy lawyer and your doctor will determine the worth of your case, which they will present at a trial.

The majority of birth injury lawsuits are settled out of court rather than going to trial. This is because it can be more expensive and time-consuming to defend your rights during a trial. If your legal team can demonstrate the medical professional's negligence and unreasonably acted, they may be successful in obtaining a large settlement.

If you believe that the shoulder injury suffered by your child was the result of medical malpractice it is imperative to contact an experienced erb's palsy attorney as soon as possible. Every state has a law that limits the time in which you must make a claim. If you don't file by this deadline, you will lose your right to sue forever. Therefore, it is essential to schedule a free consultation as soon as possible.

Mediation

While children with Erb's palsy is not completely cure, treatment can improve their quality of life. Physical therapy is an essential part of the recovery, because it can help restore the range of motion and strengthen the muscles of the hand and arms. However, it can only help if the nerves are not torn or ruptured. If they were, surgery might be necessary.

The root cause of Erb's syndrome is the damage to the brachial plexus nerves in the shoulder and neck. This is most often caused by shoulder dystocia, which is a birthing complication. It is a condition that occurs when a baby is stuck beneath the pelvic bone (scapula). To free the baby, medical staff may apply excessive force and pressure on the skull of the infant, which can damage 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, a settlement could cover the cost of treatment and other expenses.

It is crucial to select an attorney with experience in handling birth injury cases. These lawsuits can be extremely complicated and require a lot of research into the victim's medical records. Moreover, the statute of limitations can change in each state and must be followed.

Trial

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

Injuries to the brachialplexus could cause permanent and severe damage to the brachialplexus. In some instances the injuries may cause paralysis. This type of nerve injury typically occurs during a difficult birth when a baby is oversized or in a breech posture. When a doctor uses excessive force to deliver a baby the shoulder could become caught behind the mother’s pelvic bone, causing shoulder nerves to become compressed, stretched or torn. This is called shoulder dystocia. It may also lead to Erb's syndrome.

During this phase your lawyer will begin gathering evidence to support your case, such as written reports from medical experts. The legal team of the defendant will also gather evidence to support their side of the story, including witness depositions and additional medical records.

After all the evidence is taken into consideration, the lawyers will attempt to reach an agreement. In the majority of cases the parties will agree on a set amount. The lawsuit will be concluded. If the defendant is not willing to settle the case, it will be heard at trial. During a trial, a jury and judge will hear both sides' arguments, and then decide whether the defendant is responsible for the injuries your child sustained.