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Erb's Palsy Legal Defense

A medical error during childbirth may damage the network of nerves in a baby's shoulder and neck. This condition is known as Erb's Palsy and could result in long-term complications for the affected arm.

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

Birth injury lawsuits

A birth injury lawsuit could aid a family in receiving the financial compensation they need to care for their child with Erb's palsy. A lawsuit could also ensure that medical professionals are held accountable for their actions. A qualified Erb's Palsy lawyer can help a family navigate the legal process.

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

It's typically the result of a medical mistake during a difficult birth. For example the baby's shoulder can become stuck in the birth canal, a condition referred as shoulder dystocia. Doctors can use forceps in order to deliver an infant or a vacuum extraction tool, however this could stretch nerves that cause Erb's Palsy.

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

Statute of limitations

The cost of caring for a child suffering from Erb's palsy can be staggering. Compensation from a settlement can help families cover these expenses. While a settlement can't undo the injury your child suffered however, it could allow you to pay for medical treatments and other necessities for the remainder of their life. The value of your child's lawsuit will be based on the severity of their injuries as well as how much treatment they may need. Your MA Erb’s Palsy Lawyer and doctor will determine the value of your case and present it during a court trial.

The majority of birth-related injury lawsuits are settled out of court, rather than going to trial. This is because it may be more expensive and time-consuming to defend your rights in 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 suffered by your child was the result of medical malpractice, it is important to contact an experienced erb's palsy law firm palsy attorney as soon as possible. Every state has a statute of limitations that imposes a limit on how long you must submit your claim. If you fail to file your claim within this time then you lose your right to sue forever. For this reason, it is imperative to schedule a free consultation as soon as you are able to.

Mediation

While a child's quality of life can be improved, Erb's palsy cannot be cured. 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. This can only be beneficial when the nerves aren't been torn or ruptured. If they were, surgery may be needed.

The root cause of Erb's syndrome is damage to the brachial muscles in the neck and shoulder. This is most often caused by a condition that occurs during delivery known as shoulder dystocia. It can happen when a baby gets stuck beneath the pelvic bone of the mother (scapula). To try to get the baby out, medical personnel often use excessive traction and force on the infant's head, which can cause damage or injury to the spinal cord and nerves.

A doctor who was negligent in treating the condition could be held accountable for the injury. A settlement can pay for future medical costs and treatment costs, based on the severity of the injury.

It is essential to choose a lawyer who has experience in handling birth injury cases. These lawsuits can be complicated and require extensive research into the medical documents of the victim. In addition, the statute of limitation can vary in every state and must be carefully adhered to.

Trial

If the Erb's palsy is caused by negligence in the medical field, victims could be entitled to compensation for their child's medical costs or loss of income and pain and suffering. A lawyer who has expertise in lawsuits involving birth injuries will assist families in getting the justice they deserve.

The brachial plexus can cause serious and permanent damage. In some cases they can lead to paralysis. This type of nerve injury usually occurs in the event of a difficult birth when a baby is large or is in a breech position. If a doctor is using excessive force to deliver an infant, the shoulder may become trapped behind the mother's pelvic bone, causing shoulder nerves to become stretched, compressed, or torn. This is called shoulder dystocia, and can cause Erb's palsy.

During this phase the lawyer will gather evidence for your case, such as written reports from medical experts. The legal team representing the defendant will also collect evidence for their side of the case, including depositions from witnesses and medical documents.

After all the evidence has been collected, the lawyers will attempt to negotiate a settlement. Usually, both sides agree to a specific amount of money and the case is over at this point. If the defendant doesn't agree to settle the case, it will be heard at trial. During the trial the judge and jury will consider both sides and decide whether the defendant is responsible for the injuries your child sustained.