Erb's Palsy Legal Defense

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

A lawsuit for brachial plexus injuries can assist families in obtaining justice and financial compensation. A successful lawsuit can make medical professionals accountable and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit can assist a family to receive the financial compensation they need to take care of a child suffering from Erb's palsy. The lawsuit could also hold the medical professionals responsible for their actions. A lawyer who is experienced in the field of Erb's palsy can assist families navigate the legal procedure.

The condition is caused by damage to a bundle of nerves in the shoulder and arm called the brachial complex. The first sign of Erb's palsy is the inability to lift the affected arm above your head. It may be a challenge to bend the elbow or put the hand into a "waiter's tip" position. If both the lower and upper nerves are damaged the patient may suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.

It's typically the result of a medical error during a difficult delivery. Shoulder dystocia for instance, is when the shoulders of the baby become stuck in the birth canal. Doctors can use forceps or vacuum extractors to deliver the infant however, this can cause stretching of the nerves and cause Erb's palsy.

A successful lawsuit against Erb's paralysis can result in compensation for the patient's treatment currently and in the future that includes physical therapy, occupational therapy and surgery, as well as special equipment. Compensation could cover lost wages, pain and suffering and even lost wages.

Statute of limitations

The cost of caring for a child diagnosed with Erb's palsy can be astronomical. Settlement settlements can help families cover these expenses. While a settlement can't undo the damage your child sustained however, it could aid in the cost of medical treatment and other necessities for the rest of their lives. The value of your case will be contingent on the severity of your child's injuries and the amount of future care that they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and present it during the trial.

The majority of birth injury lawsuits are settled out of court rather than going to trial. This is because it could be more costly and time-consuming to defend your rights at trial. However, if your legal team can demonstrate that the healthcare professional was unreasonably and that their negligence caused your child's injury, they may be able to obtain a substantial settlement.

It is recommended to contact an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was a result of medical negligence. Every state has a statute of limitations that sets a limit on how long you have to make a claim. You'll lose the right to sue if don't meet this deadline. It is for this reason that it is essential to schedule a free consultation as soon as possible.

Mediation

While a child's quality of life can be improved, Erb's Palsy cannot be treated. Physical therapy is a crucial element of recovery, as it helps restore motion and strengthens the muscles in the arms and hands. This can only be helpful when the nerves aren't ruptured or strained. If they were, then surgery might be required.

The brachial nerves in the shoulder and neck are damaged. This is caused most commonly by shoulder dystocia, a birthing complication. This can occur when a baby is stuck under the mother's pelvic bone (scapula). In order to free the baby, medical staff may resort to excessive force and pressure on the skull of the infant which can cause damage to the spinal cord and nerves.

A doctor who failed to treat the condition could be held responsible for the injury. A settlement could be used to cover future medical expenses and treatment costs, based on the severity of an injury.

It is vital to choose an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits are often complicated and require a thorough investigation of the medical records of the victim. Additionally, the statute of limitations may change in each state and must be carefully adhered to.

Trial

If medical negligence is a cause of Erb's Palsy, victims may be entitled the right to compensation 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.

Injuries to the brachial plexus can cause serious and permanent damage to the brachial plexus. In some instances the injuries may cause paralysis. This type of injury can occur when a baby is in an elongated or breech position, or during an extremely difficult delivery. When a physician uses a lot of force to deliver a baby the shoulder can become caught behind the mother’s pelvic bone, causing shoulder nerves to be stretched, compressed or torn. This is known as shoulder dystocia. It may also lead to duncan erb's palsy law firm palsy.

At this point your lawyer will gather evidence to support your case. This could include written reports from medical professionals. The legal team of the defendant will collect evidence to back their case such as witness depositions and additional medical records.

Once all the evidence has been collected, the lawyers will seek to reach a settlement. In most cases, both parties will agree to a certain amount of money. The lawsuit will then be closed. If the defendant is unwilling to settle the case, it will go to the court. During a trial, erb's palsy a jury and judge will listen to both sides' arguments and determine whether the defendant is accountable for your child's injuries.