Erb's Palsy Legal Defense

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

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

Birth injury lawsuits

A birth injury lawsuit can aid a family in receiving the financial compensation they need to take care of their child with Erb’s palsy. A lawsuit can also hold medical professionals accountable for their actions. A qualified Erb's palsy lawyer can guide a family through the legal procedure.

The condition is caused by the damage to a nerve bundle in the shoulder and arm known as the brachial plexus. The most prominent symptom of Erb's Palsy is typically an inability to elevate the affected arm above the head. It can also be difficult to bend your elbow or put your hand in an "waiter tip" position. If both the upper and lower nerves have been damaged the person could suffer from a severe type of brachial palsy.

It's often the result of a medical error during a difficult delivery. For instance, the baby's shoulders can get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can use forceps or an extractor vacuum to deliver the baby, but this can stretch the nerves and cause Erb's palsy.

A successful Erb’s palsy suit could result in compensation that will cover the patient's treatment today and in the future, including physical therapy and occupational therapy, as well as surgery and other equipment. Compensation can also compensate for lost wages and pain and suffering.

Statute of limitations

The cost of caring for a child who suffers from Erb's palsy can be astronomical. A settlement could help families pay for these expenses. A settlement can assist families with medical care and other expenses throughout the life of your child. The worth of your child's case will be based on the extent of their injuries and the amount of treatment they might require. Your MA erb's palsy law firms Palsy Lawyer will work with your doctor to determine this worth and present it at the trial.

The majority of birth-related injury lawsuits are settled out of court, rather than going to trial. This is because it could be more expensive and time-consuming to defend your rights in trial. If your legal team can demonstrate that the healthcare professional was unreasonably and their negligence resulted in the injury to your child and/or death, they could be able to win you a substantial settlement.

If you suspect that the shoulder injury suffered by your child was caused by medical malpractice It is essential to contact a knowledgeable Erb's Palsy lawyer as quickly as possible. Each state has a statute of limitations which sets the time frame for when you must make a claim. If you fail to file your claim within this time and you do not file your claim, you forfeit your right to sue forever. It is important to book your free consultation as quickly as you can.

Mediation

While a child suffering from Erb's palsy is not completely treated, it can improve their quality of life. Physical therapy is an essential part of the recovery process to help restore movement and strengthen the muscles of the arms and hands. However, it can only help if the muscles aren't rupturing or torn. If they were, then surgery might be required.

The underlying cause of Erb's palsy is the damage to the brachial plexus nerves in the neck and shoulder. This is caused most commonly by shoulder dystocia, a birthing complications. This can occur when a baby gets stuck in the pelvic bone of the mother's pelvis (scapula). To free the baby, medical personnel may use excessive force and use traction on the skull of the infant, which can damage the spinal cord and nerves.

A doctor who is negligent in treating the condition could be held responsible for the injury. Based on the severity the injury and the expected medical costs the settlement could be used to pay for treatments and other expenses.

It is crucial to find an attorney who is experienced in handling birth injury cases. These lawsuits are often complicated and require extensive research into the medical records of the victim. The time limit for states can differ and must be observed.

Trial

If medical negligence is the root 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. An attorney with experience in birth injury cases can assist families receive the justice they deserve.

Injuries to the brachialplexus could result in permanent and serious damage. In some cases they can lead to paralysis. This kind of nerve injury typically occurs during a difficult birth, when a baby is oversized or is in a breech stance. If a doctor applies excessive force to deliver a baby the shoulder may get caught in the pelvic bone, leading to the shoulder nerves to become compressed, stretched or torn. This is called shoulder dystocia and can cause Erb's palsy.

During this stage your lawyer will gather evidence to support your case. This could include written reports from medical professionals. The legal team of the defendant will also gather evidence to support their side of the story which includes witness depositions, as well as additional medical documents.

Once all evidence has been collected, the attorneys will attempt to come to an agreement. In the majority of cases both parties will settle on a set amount of money. The lawsuit will be over. If the defendant does not agree to settle, the case will be tried. During the trial, the jury and judge will consider both sides and decide whether the defendant is responsible for your child’s injuries.