Erb's Palsy Legal Defense

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

A brachial plexus injury lawsuit can help families receive justice and financial compensation. A successful lawsuit can ensure that medical professionals are held accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can aid a family in obtaining the financial relief they need to provide care for a child suffering from Erb's syndrome. The lawsuit can also hold medical professionals responsible for their actions. A qualified Erb's palsy lawyer can assist a family through the legal procedure.

The condition is caused by the damage to a bundle of nerves in the shoulder and arm called the brachial plexus. The first sign of Erb's paralysis is typically an inability to lift the affected arm above the head. It may also be difficult to bend the elbow or put the hand into a "waiter's tip" position. If both upper and lower nerves have been injured the patient could be suffering from a severe form of brachial palsy.

It's usually caused by an error made by doctors during a challenging birth. For instance the baby's shoulders may get stuck in the birth canal, a condition known as shoulder dystocia. Doctors can employ forceps to give birth to a baby or a vacuum extraction tool, but this may stretch the nerves causing Erb's Palsy.

A successful Erb's Palsy lawsuit could result in compensation for erb's palsy lawyer the patient's future and current treatment such as occupational therapy, physical therapy or surgery, as well as other equipment. Compensation can also cover lost wages and suffering and pain.

Statute of limitations

The cost of caring for an child can be enormous. A settlement can assist families with the costs. While a settlement can't undo the harm your child sustained but it will assist you in paying for medical treatment and other necessities for the rest of their life. The worth of your child's case will be based on the extent of their injuries as well as the amount of future treatments they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and present it during an initial trial.

A majority of birth injury lawsuits are settled out of court, rather than going to trial. It can be expensive and time-consuming to defend your rights in court. However, if your legal team can demonstrate that the healthcare professional acted unreasonably and that their carelessness caused the injury of your child, they may be able to secure a substantial settlement.

If you suspect that your child's shoulder injury was caused by medical malpractice, it is important to contact an experienced Erb's Palsy lawyer as quickly as possible. Every state has a law which limits the time you must make an action. If you fail to file your claim within this time and you do not file your claim, you forfeit your right to sue for ever. For this reason, it is crucial to schedule a free consultation as soon a time as you can.

Mediation

While a child's quality of life can be improved, Erb's Palsy cannot be treated. Physical therapy is an essential aspect of the recovery process and helps to restore range of movement and strengthen the muscles of the hands and arms. However, this will only help if the nerves aren't ruptured or strained. If they were, then surgery may be required.

The brachial nerves in the neck and shoulder are damaged. This is caused most commonly by shoulder dystocia, which is a birthing complications. It can happen when a baby becomes stuck beneath the pelvic bone (scapula). In an effort to remove the baby, medical professionals may resort to excessive force and use traction on the skull of the infant which could cause damage to the spinal cord and nerves.

A doctor who failed to treat the condition could be held accountable for the injury. Depending on the severity of the injury and the estimated future medical expenses, a settlement can pay for treatment and other expenses.

It is imperative to employ an experienced lawyer who knows how to handle a birth injury case. These lawsuits can be extremely complicated and require a thorough investigation of the victim's medical records. Additionally, the statute of limitations may vary in every state and must be adhered to.

Trial

When the cause of Erb's syndrome is by negligence in the medical field, victims may be entitled to compensation for medical expenses for their child and income loss and suffering and pain. An attorney with experience in birth injury cases can assist families receive the justice they deserve.

Injuries to the brachial nerve can cause severe and permanent damage to the brachial plexus. In some instances the injuries may cause paralysis. This kind of injury occurs when a baby is in an elongated or breech position or during an uneasy delivery. When a doctor makes use of force to deliver the infant the shoulder may get stuck behind the pelvic bone, which can compress or stretch the shoulder nerves. This is known as shoulder dystocia, and can cause Erb's palsy.

In this phase your lawyer will gather evidence for erb's Palsy Lawyer your case. This may include written reports from medical professionals. The lawyer representing the defendant will also gather evidence to support their side of the story such as depositions of witnesses and medical documents.

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