Erb's Palsy Legal Defense

A medical mistake during childbirth could damage the nerve network in the neck and shoulder of a baby's. This injury, referred to as Erb's'Palsy', can cause long-term problems in the affected arm.

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

Birth injury lawsuits

A birth injury lawsuit may assist a family to receive the financial relief needed to provide for their child with Erb’s palsy. The lawsuit can also hold the medical professionals accountable for their actions. A qualified lawyer for Erb's palsy will guide a family through the legal process.

The condition is caused by the damage to a bundle of nerves in the shoulder and arm known as the brachial plexus. The most prominent symptom of Erb's palsy is usually an inability to lift the affected arm above the head. It may also be difficult to bend your elbow or position your hand in the "waiter tip" position. If both lower and upper nerves are damaged the person could suffer from a severe case of brachial palsy.

It's usually the result of an error made by a doctor during a difficult birth. For example, the baby's shoulders can become stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may use forceps, or a vacuum extractor to deliver the baby however, this can cause stretching of the nerves and result in Erb's palsy.

A successful Erb’s palsy suit can result in compensation to cover the victim's medical treatment now and in the future, which includes occupational therapy and physical therapy, surgeries and other equipment. Compensation could also compensate for lost wages and suffering and pain.

Statute of limitations

The costs of caring for a child diagnosed with Erb's palsy can be astronomical. Settlements can aid families in covering these costs. While a settlement cannot undo the harm your child sustained but it will allow you to pay for medical treatments and other necessities for the remainder of their lives. The value of your child's case will be determined by the extent of their injuries and the amount of treatments they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and then present it at the trial.

The majority of birth injury lawsuits are settled out of court rather than going to trial. It can be costly and time-consuming for you to defend your rights in court. However, if your legal team can prove that the healthcare professional acted unreasonably and their negligence resulted in the injury to your child and/or death, they could be able to obtain a substantial settlement.

You should contact an experienced erb's palsy law firms Palsy lawyer as quickly as you suspect that the shoulder injury sustained by your child was caused by medical malpractice. Every state has a statute that restricts the time you must submit a claim. If you do not file your claim by the deadline and you do not file your claim, you forfeit your right to sue for ever. It is for this reason that it is essential to schedule a consultation as soon as possible.

Mediation

While children with Erb's palsy is not completely cure, treatment can improve their quality of life. Physical therapy is an important aspect of the recovery process to help restore range of motion and palsy strengthen the muscles of the arms and hands. However, it can only help if the nerves aren't ruptured or strained. If they were, then surgery might be required.

The brachial nerves in the neck and shoulder are damaged. This is most commonly caused by a complication that occurs during the birth process known as shoulder dystocia. This happens when a child gets stuck beneath the pelvic bone of the mother. To free the baby, medical professionals might use excessive force and traction on the infant's skull, which can damage the spinal cord and nerves.

A doctor who is negligent in treating this condition can be held liable for the injury. Depending on the severity the injury and the projected medical costs, a settlement can cover the cost of treatments and other expenses.

It is important to hire an attorney who is experienced in handling birth injury cases. These lawsuits can be extremely complicated and require extensive investigation into the medical records of the victim. The limitations period in each state may differ and must be adhered to.

Trial

If medical negligence is the reason of Erb's palsy, the victims could be entitled to an award for their child's medical expenses, lost income and pain and discomfort. An attorney with experience in birth injury cases can help families receive the justice they deserve.

The brachial plexus can cause serious and permanent damage to the brachial plexus. In certain cases they can lead to paralysis. This kind of nerve injury typically occurs during labor that is difficult, when the baby is big or is in a breech stance. When a doctor uses excessive force to deliver an infant the shoulder could become trapped behind the mother's pelvic bone, causing the shoulder nerves to be compressed, stretched or torn. This is called shoulder dystocia, and can result in Erb's Palsy.

During this stage, your lawyer will collect evidence for your case. This may include written reports from medical professionals. The legal team of the defendant will gather evidence to support their side of the case which includes witness depositions, as well as additional medical documents.

Once all evidence has been obtained, the attorneys will attempt to come to an agreement. Usually, both sides reach an agreement on a sum of money and the lawsuit will be closed at this point. However, if the defendant refuses to settle, the case will be tried. During a trial, a jury and judge will hear both sides' arguments and decide whether the defendant is accountable for your child's injuries.