Erb's Palsy Legal Defense

A mistake made during birth can cause damage to the nerve system of the baby's neck and shoulder. This injury is referred to as Erb's palsy. It can cause long-term issues for the affected arm.

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

Birth injury lawsuits

A birth injury lawsuit can aid a family in receiving the financial compensation they need to provide care for their child with Erb's palsy. The lawsuit could also hold the medical professionals responsible for their actions. A lawyer with experience in the field of Erb's palsy can assist a family navigate the legal procedure.

The condition occurs when the brachialplexus, a nerve bundle that connects the shoulder and arm, is damaged. The most prominent symptom of Erb's Palsy is typically an inability to raise the affected arm above the head. It may be a challenge to bend the elbow or place the hand into a "waiter's tip" position. If both upper and lower nerves are damaged the patient could suffer from a severe case of brachial palsy.

It's typically the result of a medical mistake during a difficult delivery. Shoulder dystocia for instance is when the shoulders of the baby become stuck in the birthing canal. Doctors may use forceps to deliver an infant or use a vacuum extraction device, but this can cause nerves to stretch, and cause Erb's aplasia.

A successful case in the Erb's Palsy suit could result in compensation for the victim's medical treatment now and in the future, including occupational therapy and physical therapy, as well as surgery and other equipment. Compensation can also compensate for lost wages and suffering and pain.

Statute of limitations

The cost of caring for an Erb's Palsy child can be exorbitant. Settlements can help families pay for Erb's Palsy these expenses. While a settlement cannot undo the injury that your child suffered however, it could help you afford medical treatment and other necessities for the remainder of their lives. The value of your child's case will be based on the extent of their injuries as well as the amount of future treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the worth and present it at an initial trial.

A majority of birth injury lawsuits are settled outside of court rather than going to trial. It can be expensive and time-consuming to defend your rights in court. If your legal team is able to show that the healthcare professional's negligence and acted in a way that was unreasonable, they may be successful in obtaining a substantial settlement.

Contact a seasoned Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was due to medical negligence. Every state has a law which limits the time you have to make a claim. If you don't file by this deadline, you will lose your right to sue forever. For this reason, it is imperative to set up a free consultation as soon as you can.

Mediation

While a child's quality of life can be improved, Erb's ailment cannot be cured. Physical therapy is a crucial component of the healing process in that it can help restore movement and strengthen the muscles in the hands and arms. However, this will only be beneficial if the nerves are not torn or ruptured. If they were, then surgery may be needed.

The brachial nerves of the shoulder and neck are damaged. It is usually caused by a condition that occurs during delivery known as shoulder dystocia. It is a condition that occurs when a newborn is trapped beneath the pelvic bone (scapula). To free the baby, medical personnel may resort to excessive force and tension on the skull of the infant, which can damage the spinal cord and nerves.

A doctor who has been negligent in treating this disease can be held responsible for the injuries. Depending on the severity of the injury and the projected medical costs, a settlement could pay for treatment and other expenses.

It is crucial to find an attorney with experience in handling birth injury cases. These lawsuits can be extremely complicated and require extensive research into the medical records of the victim. Moreover, the statute of limitations can vary from state to state and must be observed.

Trial

When Erb's palsy is caused due to medical negligence, the victims could be entitled to compensation for their child's medical costs or loss of income and suffering. A lawyer with experience in birth injury cases can help families receive the justice they deserve.

Injury to the brachialplexus can result in permanent and severe damage to the brachialplexus. In some instances they can result in paralysis. This type of injury happens when a baby is placed in the breech or in a large position, or during an uneasy delivery. If a doctor applies excessive force to deliver an infant, the shoulder may become caught behind the mother’s pelvic bone, which causes the shoulder nerves to be stretched, compressed, or torn. This is known as shoulder dystocia. It could lead to Erb's Palsy.

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

Once all evidence has been collected, the lawyers will seek to negotiate an agreement. Usually, both sides will reach an agreement on a sum of money and the lawsuit will end at this point. If the defendant does not settle the case and the case goes to court. During a trial the jury and judge will hear both sides' arguments and decide whether the defendant was accountable for the injuries your child sustained.