Erb's Palsy Legal Defense

A medical error during childbirth could damage the nerve system in a baby's shoulder and neck. This type of injury is known as Erb's Palsy and could cause long-term issues for the affected arm.

A lawsuit for brachial plexus injuries can help families get justice and financial compensation. A successful lawsuit will also make medical professionals accountable and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may aid a family in obtaining the financial compensation they require to care for their child suffering from Erb's palsy. The lawsuit could also hold medical professionals responsible for their actions. A qualified Erb's palsy lawyer can help a family 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 most prominent symptom of Erb's syndrome is an inability to elevate the affected arm above the head. It can be a challenge to bend the elbow or put the hand in the "waiter's tip" position. If both the upper and lower nerves are damaged the patient could suffer from a more severe version of the condition referred to as global or total brachial plexus palsy.

It's usually the result of a mistake made by doctors during a challenging birth. Shoulder dystocia, as an example is when the shoulders of the baby get stuck in the birth canal. Doctors may use forceps or vacuum extractors to deliver the baby however this could stretch the nerves, causing Erb's palsy.

A successful Erb's Palsy lawsuit can result in compensation for a patient's treatment currently and in the future such as physical therapy, occupational therapy or surgery, as well as other equipment. Compensation may also be used to be used to pay for lost wages as well as pain and suffering.

Statute of limitations

The cost of caring for a child diagnosed with Erb's palsy can be staggering. A settlement can assist families with the costs. While a settlement can't undo the harm your child sustained but it can assist you in paying for medical treatment and other necessities for the rest of their life. The value of your case will depend on the severity of your child's injuries, as well as the amount of future care that they might require. Your MA erb's palsy attorney Palsy Lawyer will work with your doctor to determine this value and then present it at the trial.

The majority of birth injury lawsuits settle out of court, rather than going to trial. This is because it could be more expensive and time-consuming to defend your rights in a trial. If your legal team can demonstrate that the healthcare professional acted out of deference and that their negligence caused your child's injury and/or death, Erb's palsy lawsuit they could be able to negotiate a significant settlement.

You should consult with an experienced Erb's palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was a result of medical malpractice. Each state has its own statute of limitations that imposes the time limit for when you must file a claim. If you miss this deadline then you lose your right to sue forever. It is essential to book your free consultation as soon as possible.

Mediation

While children with Erb's Palsy can't be totally treated, it can improve their quality of life. Physical therapy is an important aspect of recovery because it helps restore flexibility and strength to the muscles of the hands and arms. This can only be beneficial if the nerves have not been torn or ruptured. If they were, surgery might be required.

The brachial nerves of the neck and shoulder are damaged. This is most commonly caused by a problem during the birth process known as shoulder dystocia. It can occur when a child gets stuck under the mother’s pelvic bone. In an effort to remove the baby, medical professionals may use excessive force and use traction on the skull of the infant which can cause damage to the spinal cord and nerves.

A doctor who was negligent in treating this disease can be held responsible for the injuries. Depending on the severity the injury and the anticipated medical expenses the settlement could cover the cost of treatments and other expenses.

It is essential to choose an attorney with experience in handling birth injury cases. These lawsuits are often complicated and Erb's Palsy lawsuit require extensive investigation into the victim's medical records. Furthermore, the statute of limitation can change in each state and must be followed.

Trial

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

Injuries to the brachialplexus could result in permanent and severe damage. In certain instances these injuries can result in paralysis. This type of injury happens when a baby is in an open or large position or undergoing a difficult delivery. When a doctor uses excessive force to deliver a baby the shoulder can become caught in the pelvic bone, which causes the shoulder nerves to become compressed, stretched, or torn. This is called shoulder dystocia, and can lead to erb's palsy lawsuit Palsy.

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

Once all evidence has been collected, the attorneys will attempt to come to an agreement. In the majority of cases the parties will reach an agreement on a set amount. The lawsuit will then be over. If the defendant refuses to settle the matter then it will be referred to the court. During the trial the judge and jury will consider both sides and decide whether the defendant is accountable for the injuries your child sustained.