Erb's Palsy Legal Defense

A mistake made during childbirth could damage the nerve system in the neck and shoulder of a newborn baby. This injury, commonly referred to as Erb's Palsy, may cause long-term issues in the affected arm.

A brachial-plexus injury lawsuit can help families receive justice and financial compensation. A successful lawsuit can keep medical professionals accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could help a family receive the financial compensation needed to care for their child with Erb's palsy. The lawsuit may also hold the medical professionals responsible for their actions. A qualified lawyer for Erb's palsy will guide a family through the legal process.

The condition is caused by damage to a nerve bundle in the shoulder and arm known as the brachial nerve plexus. The primary sign of Erb's psy is the inability to lift the affected arm above your head. You may also find it difficult to bend your elbow or position your hand in a "waiter tip" position. If both the lower and upper nerves are damaged the person may suffer from a more severe form of the condition referred to as global or Firm total brachial plexus palsy.

It's usually due to a mistake made by doctors during a challenging birth. For instance, the baby's shoulders can become stuck in the birth canal, a condition known as shoulder dystocia. Doctors may use forceps to give birth to a baby or a vacuum extraction tool, but this may stretch the nerves that cause Erb's Palsy.

A successful suit for Erb's palsy can result in compensation that will cover the victim's medical treatment now and in the future, which includes occupational therapy and physical therapy, surgery and special equipment. Compensation can be used to cover the cost of lost wages, pain and suffering, and even the loss of wages.

Statute of limitations

The cost of caring for a child diagnosed with Erb's syndrome can be enormous. A settlement can help families cover the costs. A settlement can assist families with medical expenses and other essentials throughout your child's life. The value of your case will be contingent on the extent of your child's injuries and the amount of future care that they may require. Your MA Erb’s Palsy lawyer and your doctor will decide the value of your case, which they will present during a court trial.

Most birth injury lawsuits end up in court, instead of going to trial. It can be expensive and time-consuming for you to fight your rights in court. However, if your legal team can demonstrate that the healthcare professional acted out of deference and that their negligence caused your child's injury it could be possible to negotiate a significant settlement.

You should contact an experienced Erb's palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was a result of medical negligence. Every state has a statute of limitations that imposes the time limit for when you have to make a claim. You'll lose the right to sue if miss this deadline. This is why it is crucial to schedule a consultation as soon as you can.

Mediation

Although a child with Erb's palsy cannot be completely cure, treatment can improve their quality of life. Physical therapy is an important element of recovery since it aids in restoring mobility and strengthen the muscles of the hands and firm arms. However, it can only help if the nerves aren't ruptured or strained. If they were, surgery could be necessary.

The root cause of Erb's palsy is the damage to the brachial muscles in the neck and shoulder. This is typically caused by shoulder dystocia, which is a birthing complication. This can happen when a baby gets stuck under the mother’s pelvic bone. To try to get the baby free, medical professionals typically use excessive traction and force on the infant's head, which can cause damage to the spinal cord and nerves.

A doctor who is negligent in treating the condition may be held responsible for the injury. Depending on the severity the injury and the estimated future medical costs, a settlement can be used to pay for treatments and other expenses.

It is imperative to employ an experienced lawyer who is aware of how to handle a birth injury case. These lawsuits can be complicated and require a thorough study of the medical records of the victim. Additionally, the statute of limitations could be different in each state and must be observed.

Trial

When the cause of Erb's syndrome is by medical negligence, victims may be entitled to compensation for their child's medical costs or loss of income and pain and suffering. A lawyer with experience in birth injury cases can assist families get the justice they deserve.

Abrachialplexus injury can result in permanent and serious damage. In certain cases these injuries can result in paralysis. This kind of injury occurs when a baby is in an open or large position, or during an uneasy delivery. If a doctor applies excessive force to deliver a baby, the shoulder may become caught behind the mother’s pelvic bone, causing shoulder nerves to become stretched, compressed or torn. This is known as shoulder dystocia and can result in Erb's Palsy.

In this phase your lawyer will collect evidence to support your case. This may include written reports from medical professionals. The legal team of the defendant will also gather evidence to support their side of the story which includes depositions of witnesses and other medical records.

After all evidence has been obtained, the attorneys attempt to reach an agreement. In most cases both parties will settle on a certain amount of money. The lawsuit will be over. If the defendant doesn't settle the case the case will be taken to the court. During the trial, the jury and judge will listen to both sides and decide whether the defendant is responsible for your child's injuries.