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Erb's Palsy Legal Defense

A medical error during childbirth could damage the nerve system in the neck and shoulder area of a newborn's. This condition, also known as Erb's Palsy, may cause long-term complications for the affected arm.

A lawsuit for brachial plexus injuries will allow families to receive justice and financial compensation. A successful lawsuit could also keep medical professionals accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may assist a family to receive the financial aid they need to care for a child with Erb's palsy. The lawsuit may also hold medical professionals responsible for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal procedure.

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

It's usually the result of a medical mistake during a difficult delivery. For instance, the baby's shoulders can become stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may employ forceps or an extractor vacuum to deliver the infant however, this can cause stretching of the nerves and lead to Erb's palsy.

A successful Erb's palsy lawsuit could result in compensation for the victim's current and future treatment, including physical therapy, occupational therapy surgeries, and other equipment. Compensation may cover lost wages, pain and suffering and even the loss of wages.

Statute of limitations

The cost of caring for an Erb's Palsy child can be staggering. Settlements can help families pay for the costs. While a settlement can't undo the damage your child sustained, it can help you afford medical treatment and other necessities for the remainder of their lives. The value of your case will depend on the extent of your child's injuries and the amount of treatment that they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and then defend it in an initial trial.

A majority of birth injury lawsuits are settled outside of court instead of going to trial. This is because it could be more costly and time-consuming to defend your rights during a trial. If your legal team can demonstrate the medical professional's negligence and unreasonably acted and acted in a way that is unreasonable, they could be successful in obtaining a substantial settlement.

If you think that your child's shoulder injury was caused by medical malpractice it is imperative to contact a knowledgeable erb's palsy attorney as soon as you can. Each state has its own statute of limitations which sets an amount of time you must file your claim. If you miss this deadline then you lose your right to sue forever. For this reason, it is crucial to set up a free consultation as soon as you are able to.

Mediation

Although a child's quality of life can be improved, Erb's Palsy cannot be cured. Physical therapy is a vital component of recovery, because it can help restore mobility and strengthen the muscles of the hand and arms. However, this will only help if the muscles are not torn or ruptured. If they were, then surgery may be needed.

The root cause of erb's palsy lawsuits palsy is abrachial nerves that run through the shoulder and neck. This is typically caused by shoulder dystocia, a birthing complications. It is a condition that occurs when a newborn is trapped under the mother's pelvic bone (scapula). To free the baby, medical personnel might use excessive force and pressure on the skull of the infant, which can damage the spinal cord and nerves.

A doctor who was negligent in treating the condition could be held accountable for the injuries. Based on the severity the injury and the anticipated medical expenses, a settlement could cover the cost of treatment and other expenses.

It is imperative to employ an experienced lawyer who is aware of how to deal with a birth injury lawsuit. These lawsuits are complex and require a thorough study of the medical records of the victim. The limitations period in every state is different and must be complied with.

Trial

When Erb's palsy is caused due to medical negligence, the victims may be entitled to compensation for medical expenses for their child as well as loss of income and pain and suffering. A lawyer who has expertise in lawsuits involving birth injuries can assist families in receiving the justice they deserve.

Brachial plexus injuries can result in permanent and severe damage to the brachial plexus. In some instances, these injuries can cause paralysis. This type of nerve injury usually occurs during a difficult birth when a baby is large or in a breech posture. If a doctor applies excessive force to deliver an infant the shoulder can become stuck behind the pelvic bone, which causes the shoulder nerves to be compressed, stretched, or torn. This is called shoulder dystocia and can cause Erb's palsy.

In this stage your lawyer will gather evidence to support your case. This may include written reports from medical professionals. The legal team representing the defendant will also gather evidence to support their side of the argument such as depositions of witnesses as well as additional medical documents.

After all the evidence has been collected, the attorneys will attempt to come to an agreement. Usually, both sides will accept a certain amount of money and the lawsuit is over at this point. If the defendant is unwilling to settle the case then it will be referred to the court. During a trial, the judge and jury will hear both sides' arguments and determine whether the defendant was accountable for your child's injuries.