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Erb's Palsy Legal Defense

An error in childbirth may damage the nerve network in the neck and shoulder of a baby's. The injury is known as Erb's spalsy and may cause long-term complications for the affected arm.

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

Birth injury lawsuits

A birth injury lawsuit could help a family receive the financial relief they need to provide care for a child with Erb's palsy. The lawsuit can also hold medical professionals responsible for their actions. A qualified Erb's palsy lawyer can assist a family through the legal process.

The condition is caused when the brachialplexus, which is a bundle of nerves that runs through the arm and shoulder is damaged. The first sign of Erb's Palsy is the inability to lift the affected arm above your head. It may also be difficult to bend the elbow or place the hand in an "waiter's tip" position. If both the upper and lower nerves are damaged the patient could suffer from a more severe form of the condition known as global or total brachial plexus palsy.

It's often the result of a medical mistake during a difficult birth. For instance, the baby's shoulders can get stuck in the birth canal, a condition referred as shoulder dystocia. Doctors may employ forceps or a vacuum extractor to deliver the infant however this could stretch the nerves, causing Erb's palsy.

A successful Erb's palsy lawsuit could result in compensation for the patient's treatment currently and in the future such as physical therapy, occupational therapy surgeries, and other equipment. Compensation could also pay for lost wages, as well as suffering and pain.

Statute of limitations

The cost of caring for an Erb's Palsy child can be exorbitant. Settlements can assist families with these costs. Although a settlement will not reverse the injury your child suffered but it can help you afford medical treatment and other necessities for the rest of their lives. The value of your case will be contingent on the extent of your child's injuries, as well as the amount of future treatment that they may require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then defend it in the trial.

The majority of birth injury lawsuits end up in court, rather than going to trial. This is because it could be more costly and time-consuming to fight for your rights at a trial. If your legal team is able to demonstrate that the healthcare professional was negligent and acted in a way that was unreasonable or acted, they may succeed in obtaining a large settlement.

If you think the shoulder injury your child suffered was the result of medical malpractice it is imperative to contact an experienced erb's palsy attorney as soon as you can. Every state has a statute of limitation that sets the time limit for when you must file your claim. You will lose the right to sue if you miss this deadline. For this reason, it is crucial to schedule a consultation as soon a time as you can.

Mediation

While a child's quality of life can be improved, Erb's Palsy is not curable. Physical therapy is an essential element of recovery in that it can help restore motion and strengthen the muscles in the arms and hands. However, it can only help if the muscles aren't ruptured or torn. If they were, surgery may be required.

The root cause of Erb's palsy is abrachial plexus nerves in the neck and shoulder. This is typically caused by shoulder dystocia, a birthing complication. It can occur when a child is trapped under the mother’s pelvic bone. In an effort to remove the baby, medical professionals may use excessive force and use traction 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 condition can be held liable for the injury. Depending on the severity the injury and the estimated future medical expenses, a settlement can cover the cost of treatments and other expenses.

It is vital to choose an experienced lawyer who knows how to handle a birth injury case. These lawsuits are complex and require extensive research into the medical records of the victim. The time limit for every state is different and must be followed.

Trial

When Erb's palsy is caused by medical negligence, victims could be entitled to compensation for their child's medical costs as well as loss of income and pain and suffering. A lawyer who has experience in birth injury lawsuits can help families receive the justice they deserve.

Injuries to the brachial nerve can cause serious and permanent damage. In some instances they can result in paralysis. This type of injury can occur when a baby is in an open or large position or is experiencing an uneasy delivery. When a physician uses a lot of force to deliver an infant the shoulder could become stuck behind the pelvic bone, causing shoulder nerves to become compressed, stretched or torn. This is called shoulder dystocia. It can also cause Erb's palsy.

During this stage your lawyer will begin gathering evidence for your case, such as written reports from medical experts. The legal team of the defendant will also gather evidence to prove their side of a case, including witness depositions and additional medical records.

After all the evidence has been taken into consideration, the lawyers attempt to reach an agreement. In most cases both parties will settle to a certain amount. The lawsuit will then be closed. However, if the defendant does not agree to settle the case, it will go to trial. During a trial, the jury and judge will hear both sides' arguments and determine whether the defendant was accountable for the injuries your child sustained.