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Erb's Palsy Legal Defense

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

A brachial plexus injury lawsuit can provide families with justice and financial compensation. A successful lawsuit will also hold medical professionals accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family get the financial compensation they need to provide care for a child suffering from Erb's syndrome. The lawsuit could also hold the medical professionals responsible for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal process.

The condition occurs when the brachialplexus, a bundle of nerves that connects the arm and shoulder is damaged. The most obvious sign of Erb's paralysis is typically an inability to raise the affected arm over the head. It might also be difficult to bend the elbow or place the hand in a "waiter's tip" position. If both the upper and lower nerves have been injured the patient may be suffering from a severe form of brachial palsy.

It's usually the result of a mistake made by the doctor during a difficult birth. For instance the baby's shoulders could become stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may use forceps or an extractor vacuum to deliver the infant, but this can stretch the nerves, causing Erb's palsy.

A successful Erb's palsy lawsuit can result in compensation for the patient's future and current treatment such as physical therapy, occupational therapy, surgery, and special equipment. Compensation may also be used to compensate for lost wages and pain and suffering.

Statute of limitations

The cost of caring for an Erb's palsy child can be staggering. Settlements can help families cover these costs. A settlement can assist families with medical care and other expenses throughout the lifetime of your child. The value of your child's lawsuit will be based on the severity of their injuries and the amount of future treatment they will require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and present it during an investigation.

The majority of birth injury lawsuits are settled outside of court, rather than going to trial. It can be expensive and time-consuming for you to defend your rights in court. If your legal team can demonstrate that the healthcare professional acted out of deference and their negligence resulted in the injury of your child and/or death, they could be able to secure a substantial settlement.

It is recommended to contact an experienced Erb's Palsy lawyer as quickly as you suspect that the shoulder injury suffered by your child was a result of medical negligence. Each state has a statute that limits the time in which you must file a claim. You will lose the right to sue if are late. Therefore, it is crucial to schedule a consultation as soon as you are able to.

Mediation

Although a child's quality life can be improved, Erb's palsy is not curable. Physical therapy is a crucial element of recovery, as it helps restore range of motion and strengthens the muscles in the hands and arms. This can only be beneficial in the event that the nerves haven't ruptured or strained. If they were, surgery may be necessary.

The root cause of Erb's palsy is damage to the brachial nerves of the plexus in the neck and shoulder. This is most commonly caused by a problem during the birth process known as shoulder dystocia. This may occur when a baby is stuck under the mother’s pelvic bone. In the effort to free the baby, medical personnel may resort to excessive force and tension on the skull of the infant, which can damage the spinal cord and nerves.

A doctor who is negligent in treating the condition may be held accountable for the injury. Settlements can be used to pay for future medical expenses and treatment costs based on the severity of the injury.

It is imperative to employ an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits are complicated and require a thorough study of the medical records of the victim. Moreover, the statute of limitations could vary in every state and must be observed.

Trial

If medical negligence is the cause of the condition, the victims could be entitled to the right to compensation for their child's medical expenses, lost income, and discomfort and pain. A lawyer who has experience in birth injury lawsuits will assist families in getting the justice they deserve.

Brachial plexus injuries can result in permanent and severe damage to the brachial plexus. In some cases these injuries can result in paralysis. This type of injury happens when a baby is placed in a breech or large position or undergoing the difficult delivery. When a physician uses a lot of force to deliver an infant the shoulder may get stuck behind the pelvic bone, causing the shoulder nerves to become stretched, compressed, or torn. This is referred to as shoulder dystocia and can cause Erb's palsy.

During this stage, your lawyer will gather evidence to support your case, such as written reports from medical experts. The legal team of the defendant will gather evidence to support their side of the case including witness depositions as well as additional medical records.

Once all evidence has been collected, the attorneys will attempt to reach an agreement. Usually, both sides will agree to a sum of money and the lawsuit will be closed at this point. However, if the defendant refuses to settle, the case goes to trial. In a trial, the jury and judge will hear both sides' arguments and determine if the defendant was responsible for the injuries your child sustained.