Erb's Palsy Legal Defense

A medical mistake during childbirth can damage the nerves' network in the neck and shoulder of a baby's. This type of injury is known as Erb's palsy and can cause long-term complications for the affected arm.

A brachial plexus injury lawsuit could provide families with justice and financial compensation. A successful lawsuit can also bring medical professionals to account and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may assist a family to receive the financial relief needed to take care of their child suffering from Erb's Palsy. The lawsuit could also hold the medical professionals accountable 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 by damage to a bundle of nerves in the shoulder and arm called the brachial complex. The first sign of the condition is the inability of lifting the affected arm above your head. It may also be difficult to bend the elbow or place the hand in a "waiter's tip" position. If both the lower and upper nerves are injured the patient may suffer from a more severe version of the condition known as total or global brachial plexus palsy.

It's often a result of a medical mistake during a difficult delivery. For Erb's palsy Lawsuit example the baby's shoulder can become stuck in the birth canal, a condition referred as shoulder dystocia. Doctors may use forceps, or an extractor vacuum to deliver the baby however, this can cause stretching of the nerves and lead to Erb's palsy.

A successful Erb's Palsy lawsuit could result in compensation for the victim's ongoing and future treatment which includes physical therapy, occupational therapy or surgery, as well as other equipment. Compensation can be used to cover lost wages, pain and suffering, and even lost wages.

Statute of limitations

The costs of caring for a child who suffers from Erb's palsy can be staggering. A settlement can help families pay for these costs. While a settlement cannot undo the injury your child suffered however, it could aid in the cost of medical treatment and other necessities for Erb's Palsy Lawsuit the remainder of their life. The value of your case will be contingent on the severity of your child's injuries as well as the amount of treatment that they might require. Your MA Erb’s Palsy lawyer and your doctor will determine the worth of your case, which they will present during a trial.

The majority of birth injury lawsuits are settled out of court rather than going to trial. This is because it could be more expensive and time-consuming to defend your rights at a trial. If your legal team can show that the healthcare professional's negligence and acted in a way that was unreasonable and acted in a way that is unreasonable, they could be successful in securing a substantial settlement.

If you believe that your child's shoulder injury was the result of medical malpractice, it is important to contact an experienced erb's palsy attorney as soon as possible. Every state has a statute that restricts the time you must submit a claim. If you fail to file your claim within this time, you will lose your right to sue forever. It is imperative to arrange your free consultation as quickly as possible.

Mediation

Although a child's quality life can be improved, Erb's palsy is not curable. Physical therapy is a vital part of the recovery, because it helps restore flexibility and strength to the muscles of the arms and hand. However, it can only be beneficial if the nerves aren't rupturing or torn. If they were, then surgery may be necessary.

The brachial nerves of the neck and shoulder are damaged. It is usually caused by a complication during the birth process known as shoulder dystocia. This can happen when a child gets stuck in the pelvic bone of a mother's birth. In the effort to free the baby, medical professionals might use excessive force and traction on the infant's skull which could cause damage to the spinal cord and nerves.

A doctor who failed to treat the condition could be held accountable for the injury. Based on the severity the injury and the anticipated medical costs the settlement could cover the cost of treatment and other expenses.

It is crucial to hire an experienced lawyer who understands how to handle a birth injury case. These lawsuits are extremely complex and require thorough research into the medical documents of the victim. The statute of limitations in each state can be different and must be observed.

Trial

If the Erb's palsy is caused by medical negligence, victims could be entitled to compensation for their child's medical expenses and income loss and suffering. A lawyer with experience in birth injury cases can assist families get the justice they deserve.

Injury to the brachialplexus can result in permanent and severe damage. In certain instances, these injuries can cause paralysis. This type of injury can occur when a baby is placed in an elongated or breech position, or during a difficult delivery. When a doctor uses excessive force to deliver an infant the shoulder may get trapped behind the mother's pelvic bone, causing shoulder nerves to become compressed, stretched or torn. This is known as shoulder dystocia. It may also lead to Erb's palsy.

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

Once all evidence has been obtained, the attorneys will attempt to come to an agreement. Usually, both sides agree to a sum of funds and the case is over at this point. However, if the defendant doesn't agree to settle, the case goes to trial. During the trial, the jury and judge will consider both sides and decide whether the defendant is accountable for your child’s injuries.