Erb's Palsy Legal Defense

An error in childbirth could damage the nerve system in the neck and shoulder of a newborn baby. This condition is known as Erb's Palsy and could cause long-term problems for the affected arm.

A lawsuit for brachial plexus injuries can assist families in obtaining justice and financial compensation. A successful lawsuit could also bring medical professionals to account and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit could help a family get the financial compensation needed to care for their child who suffers from Erb's palsy. The lawsuit can also hold medical professionals accountable for their actions. A lawyer with experience in the field of Erb's palsy can assist a family navigate the legal process.

The condition is caused by the damage to a bundle of nerves in the shoulder and arm known as the brachial nerve plexus. The first symptom of Erb's syndrome is an inability to lift the affected arm above the head. You may also find it difficult to bend your elbow, or put your hand in the "waiter tip" position. If both the upper and lower nerves have been injured the patient may suffer from a severe form of brachial palsy.

It's usually due to a mistake made by the doctor during a difficult birth. Shoulder dystocia, as an example, is when the shoulders of the baby get stuck in the birthing canal. Doctors can use forceps in order to deliver a baby or erb's palsy lawyer a vacuum extraction device, but this can cause nerves to stretch, that cause Erb's Palsy.

A successful case in the Erb's Palsy suit can result in compensation to cover the patient's treatment today and in the future, including occupational therapy and physical therapy, surgery and special equipment. Compensation can also cover lost wages and pain and suffering.

Statute of limitations

The costs of caring for a child who suffers from Erb's palsy can be astronomical. A settlement can help families cover these costs. While a settlement can't undo the injury your child suffered, it can allow you to pay for medical treatments and other necessities for the rest of their life. The value of your case will depend on the extent of your child's injuries and the amount of future treatment that they may require. Your MA erb's palsy attorney Palsy Lawyer and doctor will determine the worth of your case and present it during 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 in trial. If your legal team can show that the healthcare professional's negligence and acted in a way that was unreasonable or acted, they may succeed in securing a significant settlement.

It is recommended to contact an experienced Erb's Palsy lawyer as quickly as you suspect that the shoulder injury sustained by your child was a result of medical malpractice. Every state has a law that limits the time you must make a claim. You'll lose the right to sue if you miss this deadline. For this reason, it is important to schedule a consultation as soon as possible.

Mediation

Although a child with Erb's Palsy can't be totally cured, treatment can help improve their quality of life. Physical therapy is an essential element of recovery because it helps restore flexibility and strength to the muscles of the hands and arms. This is only helpful if the nerves have not been ruptured or torn. If they were, surgery might be necessary.

The underlying reason for Erb's palsy is damage to the brachial muscles in the neck and shoulder. It is usually caused by shoulder dystocia, a birthing complications. This can occur when a baby gets stuck beneath the pelvic bone of the mother (scapula). To free the baby, medical personnel might use 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 this disease can be held responsible for the injury. A settlement could be used to pay for future medical expenses and treatment expenses based on the severity of an injury.

It is important to hire a lawyer who has experience in handling birth injury cases. These lawsuits can be extremely complicated and require a thorough investigation of the medical records of the victim. The time limit for states can differ and must be adhered to.

Trial

If medical negligence is a cause of Erb's Palsy, victims could be entitled to compensation for their child's medical expenses, lost income as well as discomfort and pain. A lawyer who has experience with birth injury lawsuits can assist families to receive the justice they deserve.

Injuries to the brachial nerve can result in permanent and severe damage to the brachial plexus. In some instances, these injuries can cause paralysis. This type of nerve injury generally occurs during a difficult birth, when the baby is big or is in a breech position. When a doctor makes use of force to deliver the baby the shoulder may get stuck behind the mother's pelvic bone and compress or stretch the shoulder nerves. This is called shoulder dystocia. It can lead to Erb's palsy.

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

After all the evidence is collected, the attorneys will attempt to come to an agreement. In the majority of cases, both parties will agree to a certain amount of money. The lawsuit will then end. However, if the defendant doesn't agree to settle, the case will be heard at trial. During the trial the judge and jury will examine both sides and determine whether the defendant is accountable for your child’s injuries.