Erb's Palsy Legal Defense

A medical error during childbirth can damage 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 issues for the affected arm.

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

Birth injury lawsuits

A birth injury lawsuit can aid a family in obtaining the financial aid they need to care for a child with Erb's palsy. The lawsuit can also hold medical professionals accountable for their actions. A qualified lawyer for Erb's palsy can help a family navigate the legal procedure.

The condition is caused by the damage to a bundle of nerves in the shoulder and arm known as the brachial plexus. The first sign of the condition is the inability to lift the affected arm above your head. It might also be difficult to bend the elbow or put the hand into a "waiter's tip" position. If both the upper and lower nerves are injured, the victim may suffer from a more severe form of the condition known as total or global brachial plexus palsy.

It's usually the result of a mistake made by doctors during a challenging birth. For example the baby's shoulders may get stuck in the birth canal, which is known as shoulder dystocia. Doctors may use forceps to deliver a baby or a vacuum extraction tool, but this can cause nerves to stretch, that cause Erb's Palsy.

A successful lawsuit for Erb's palsy could result in compensation for a victim's current and future treatment which includes physical therapy, occupational therapy, surgery, and special equipment. Compensation could also cover lost wages and pain and suffering.

Statute of limitations

The cost of caring for an child can be astronomical. Settlements can help families cover these costs. Although a settlement will not reverse the injury your child suffered, it can assist you in paying for medical treatment and other necessities for the rest of their life. The value of your child's claim will be based on the extent of their injuries and the amount of treatments they may require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then defend it in the trial.

A majority of birth injury lawsuits are settled outside of court rather than going to trial. It can be costly and time-consuming for you to defend your rights in court. If your legal team can show that the healthcare professional's negligence and acted in a way that was unreasonable the way they did, they could succeed in obtaining a large settlement.

You should contact an experienced erb’s palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was the result of medical negligence. Every state has a statute of limitations that imposes the time frame for when you have to submit your claim. You will lose the right to sue if you do not meet this deadline. It is for this reason that it is imperative to schedule a free consultation as soon as you are able to.

Mediation

While children with Erb's palsy cannot be completely cured, treatment can help improve their quality of life. Physical therapy is a vital component of recovery, since it aids in restoring the range of motion and strengthen the muscles of the arms and hand. This is only beneficial when the nerves aren't been torn or ruptured. If they were, surgery may be needed.

The root cause of Erb's syndrome is the damage to the brachial plexus nerves in the neck and shoulder. This is caused most commonly by shoulder dystocia. This is a birthing complication. It is a condition that occurs when a newborn is trapped in the pelvic bone of the mother's pelvis (scapula). In an effort to remove the baby, medical personnel may use excessive force and tension on the skull of the infant which can cause damage to 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 may cover the cost of treatment and other expenses.

It is essential to choose an attorney with experience in handling birth injury cases. These lawsuits can be complex and require a lot of research into the victim's medical records. Moreover the statute of limitations could vary from state to state and must be carefully followed.

Trial

If medical negligence is the root cause of the condition, the victims could be entitled to compensation for their child’s medical expenses, lost income and pain and discomfort. An experienced lawyer who has handled birth injury cases can help families receive the justice they deserve.

The brachial plexus can result in permanent and severe damage to the brachial plexus. In certain cases they can cause paralysis. This type of injury happens when a baby is placed in an open or large position, or during an uneasy delivery. When a doctor uses force to deliver the baby the shoulder could get trapped behind the pelvic bone and Erb's Palsy compress or stretch the shoulder nerves. This is called shoulder dystocia. It can lead to erb's palsy law firms palsy.

During this phase, your lawyer will gather evidence for your case, including written reports from medical experts. The defendant's legal team will also gather evidence for their side of the story such as depositions of witnesses and medical documents.

Once all evidence has been gathered the lawyers will attempt to reach an agreement. Usually, both sides agree to a specific amount of money and the case will be closed at this point. If the defendant doesn't agree to settle, the case will be heard at trial. During a trial, the jurors and the judge will consider both sides' arguments, and then decide whether the defendant is responsible for your child's injuries.