Erb's Palsy Legal Defense

An error in childbirth could damage the nerve network of a baby’s neck and shoulder. This condition, also known as Erb's palsy, could cause long-term problems in the affected arm.

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

Birth injury lawsuits

A birth injury lawsuit can help a family receive the financial compensation required to take care of their child with Erb's palsy. The lawsuit could also hold medical professionals responsible for their actions. A lawyer who is experienced in Erb's Palsy can help families navigate the legal process.

The condition develops when the brachialplexus, which is a bundle of nerves that connects the shoulder and arm, is damaged. The first sign of Erb's Palsy is typically an inability to raise the affected arm over the head. It can also be difficult to bend your elbow, or put your hand in an "waiter tip" position. If both lower and upper nerves are damaged the patient may be suffering from a severe form of brachial palsy.

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

A successful case in the Erb's Palsy suit can result in compensation to pay for the patient's treatment today and in the future, which includes physical therapy and occupational therapy, surgery and equipment. Compensation may cover the loss of wages, pain and suffering and even lost wages.

Statute of limitations

The cost of caring for a child diagnosed with Erb's syndrome can be enormous. A settlement settlement may help families cover these expenses. A settlement can aid families in paying for medical care and other expenses throughout the life of your child. The value of your case will depend on the extent of your child's injuries as well as the amount of treatment that they may require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the value and then present it at the trial.

The majority of birth injury lawsuits are settled outside of court instead of going to trial. It can be expensive and time-consuming to fight your rights in court. However, if your legal team can prove that the healthcare professional was unreasonably and Erb's palsy that their carelessness caused the injury to your child, they may be able to negotiate a significant settlement.

You should contact an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was due to medical malpractice. Each state has a statute that restricts the time you must file an action. You'll lose the right to sue if you are late. This is why it is crucial to set up a free consultation as soon as possible.

Mediation

Although a child's overall quality of life can be improved, Erb's Palsy is not curable. Physical therapy is an essential element of recovery, as it helps restore range of movement and strengthen the muscles of the arms and hands. This can only be beneficial when the nerves haven't ruptured or strained. If they were, then surgery may be required.

The root cause of Erb's Palsy is the damage to the brachial muscles in the shoulder and neck. This is most often caused by a condition that occurs during the birth process known as shoulder dystocia. This may occur when a newborn is trapped under the mother's pelvic bone (scapula). In an effort to remove the baby, medical staff may apply excessive force and tension on the skull of the infant which can cause damage to the spinal cord and nerves.

A doctor who has been negligent in treating this disease can be held responsible for the injuries. Based on the severity the injury and the projected medical costs, a settlement can cover the cost of treatments and other expenses.

It is imperative to employ an experienced lawyer who understands how to deal with a birth injury lawsuit. These lawsuits can be complex and require a thorough investigation of the victim's medical records. The time limits in every state is different and must be observed.

Trial

When the cause of Erb's syndrome is by medical negligence, victims may be entitled to compensation for medical expenses for their child or loss of income and suffering and pain. A lawyer who has experience in birth injury lawsuits will assist families in getting the justice they deserve.

The brachial plexus can cause severe and permanent damage. In some cases the injuries may cause paralysis. This kind of injury occurs when a baby is in an open or large position, or during an extremely difficult delivery. When a doctor makes use of force to deliver the baby, the shoulder can become trapped behind the pelvic bone and compress, stretch, or tear the shoulder nerves. This is referred to as shoulder dystocia, and can result in Erb's Palsy.

In this phase, your lawyer will gather evidence for your case, such as written reports from medical experts. The legal team of the defendant will also gather evidence for their side of the story which includes depositions of witnesses as well as additional medical documents.

Once all evidence has been taken into consideration, the lawyers will try to reach an agreement. In the majority of cases the parties will reach an agreement on a specific amount of money. The lawsuit will be closed. If the defendant refuses to settle the matter and the case goes to court. During the trial the judge and jury will examine both sides and determine whether the defendant is responsible for your child's injuries.