Erb's Palsy Legal Defense

A medical mistake during childbirth can cause damage to the nerve system in the neck and shoulder of a baby's. The injury is known as Erb's spalsy and may cause long-term complications for lawsuits the affected arm.

A lawsuit for injuries to the brachial plexus can help families receive justice and financial compensation. A successful lawsuit could also make medical professionals accountable and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could assist a family to receive the financial relief they need to provide care for a child with Erb's Palsy. The lawsuit may also hold medical professionals accountable for their actions. A lawyer who is experienced in Erb's Palsy can help family members navigate the legal process.

The condition is caused when the brachialplexus, a bundle of nerves that connects the arm and shoulder, is damaged. The most prominent symptom of Erb's syndrome is an inability to raise the affected arm over the head. It could also be difficult to bend the elbow or place the hand into an "waiter's tip" position. If both upper and lower nerves have been damaged the patient could suffer from a severe case of brachial palsy.

It's usually due to an error made by the doctor during a difficult birth. Shoulder dystocia, as an example is when the baby's shoulders are stuck in the birthing canal. Doctors may use forceps, or a vacuum extractor to deliver the baby however, this can cause stretching of the nerves and result in Erb's palsy.

A successful suit for Erb's palsy can result in compensation to cover the patient's treatment today and in the future, which includes occupational therapy and physical therapy, surgery and special equipment. Compensation may also be used to cover lost wages and pain and suffering.

Statute of limitations

The costs of caring for a child with Erb's Palsy can be exorbitant. Settlement settlements can help families cover these expenses. A settlement can help families pay for medical care and other necessities throughout your child's life. The value of your case will depend on the extent of your child's injuries as well as the amount of treatment that they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and then present it at the trial.

The majority of birth injury lawsuits end up in court, instead of going to trial. This is because it can be more expensive and time-consuming to defend your rights in a trial. If your legal team can demonstrate the medical professional's negligence and unreasonably acted the way they did, they could succeed in securing a significant settlement.

If you think that the shoulder injury suffered by your child was the result of medical malpractice, it is important to consult a reputable erb's palsy attorney as soon as possible. Every state has a statute which limits the time you have to submit a claim. If you miss this deadline then you lose your right to sue forever. This is why it is important to schedule a consultation as soon as you are able to.

Mediation

Although a child's quality of life can be improved, Erb's palsy is not curable. Physical therapy is an essential aspect of recovery because it can help restore flexibility and strength to the muscles of the arms and hand. This is only helpful when the nerves aren't ruptured or strained. If they were, surgery may be required.

The brachial nerves of the shoulder and neck are damaged. This is most often caused by a condition that occurs during the birth process known as shoulder dystocia. This can occur when a baby is stuck in the pelvic bone of the mother's pelvis (scapula). In an effort to remove the baby, medical professionals may use excessive force and tension 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 responsible for the injury. Settlements can be used to cover future medical expenses and treatment costs depending on the severity of an injury.

It is essential to choose a lawyer who has experience in dealing with birth injury cases. These lawsuits are extremely complex and require extensive research into the medical records of the victim. The time limits in states can differ and must be observed.

Trial

When Erb's palsy is caused by negligence in the medical field, victims may be entitled to compensation for their child's medical costs and income loss and suffering. An attorney with expertise in lawsuits involving birth injuries can assist families to receive the justice they deserve.

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 injury can occur when a baby is placed in an elongated or breech position or is experiencing an extremely difficult delivery. When a doctor uses force to deliver the baby the shoulder could get trapped behind the pelvic bone, which can compress or stretch the shoulder nerves. This is known as shoulder dystocia. It can lead to Erb's Palsy.

During this stage your lawyer will gather evidence to support your case. This may include written reports from medical experts. The legal team of the defendant will also gather evidence to prove their side of the case, including witness depositions and additional medical records.

After all evidence has been taken into consideration, the lawyers will try to reach an agreement. Usually, both sides accept a certain amount of money, and the lawsuit will be concluded at this point. However, if the defendant refuses to settle the case, it will be heard at trial. During the trial the judge and jury will consider both sides and decide whether the defendant is accountable for your child's injuries.