Erb's Palsy Legal Defense

A mistake made during childbirth can damage the nerve network of the neck and shoulder of a newborn baby. This injury, known as Erb's Palsy, can cause long-term problems in the affected arm.

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

Birth injury lawsuits

A birth injury lawsuit can assist a family to receive the financial compensation needed to provide care for their child with Erb’s palsy. A lawsuit could also hold medical professionals accountable for their actions. A lawyer who is experienced in the field of Erb's palsy can assist families navigate the legal procedure.

The condition develops when the brachialplexus, which is a nerve bundle that connects the shoulder and arm, is damaged. The first sign of Erb's palsy is the inability of lifting the affected arm above your head. It can be a challenge to bend the elbow or put the hand into the "waiter's tip" position. If both the lower and upper nerves are damaged the person may suffer from a more severe form of the condition known as global or total brachial plexus palsy.

It's usually due to an error made by an obstetrician during a difficult birth. Shoulder dystocia, for example is when the baby's shoulders are stuck in the birthing canal. Doctors can employ forceps to deliver an infant or use a vacuum extraction tool, but this may stretch the nerves which can cause Erb's palsy.

A successful Erb's palsy lawsuit can result in compensation for the patient's future and current treatment that includes occupational therapy, physical therapy surgeries, and other equipment. Compensation could also pay for lost wages, as well as suffering and pain.

Statute of limitations

The cost of caring for a child with Erb's palsy can be astronomical. Settlements can help families pay for these expenses. Settlements can assist families with medical care and other necessities throughout the life of your child. The value of your case will be contingent on the extent of your child's injuries, as well as the amount of future treatment that they might require. Your MA erb's palsy attorney Palsy Lawyer will collaborate with your doctor to determine this value and present it during an initial trial.

The majority of birth injury lawsuits settle out of court, instead of going to trial. This is because it can be more expensive and time-consuming to defend your rights during trial. If your legal team can prove that the healthcare professional acted out of deference and their negligence led to your child's injury They may be able to win you a substantial settlement.

If you believe that your child's shoulder injury was the result of medical malpractice it is imperative to consult a reputable Erb's palsy lawyer as soon as you can. Each state has its own statute of limitation that sets an amount of time you have to submit your claim. You'll lose your right to sue if you are late. For this reason, it is essential to schedule a consultation as soon as you are able to.

Mediation

Although a child's quality of life can be improved, Erb's palsy is not curable. Physical therapy is a crucial aspect of recovery since it aids in restoring the range of motion and strengthen the muscles of the hands and arms. This can only be beneficial if the nerves have not ruptured or torn. If they were, then surgery may be required.

The underlying reason for Erb's palsy is damage to the brachial plexus nerves in the neck and shoulder. This is most often caused by a condition that occurs during the birth process known as shoulder dystocia. This can occur when a baby is stuck beneath the pelvic bone (scapula). In order to help get the baby out, medical personnel typically use excessive traction and force on the infant's head which could cause damage to the nerves and spinal cord.

A doctor who was negligent in treating the condition could be held accountable for the injury. Depending on the severity the injury and the expected medical expenses A settlement may be used to pay for treatments 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 extremely complex and require a thorough investigation of the medical documents of the victim. The limitations period in each state can be different and must be followed.

Trial

If Erb's condition is caused through medical negligence, the victim may be entitled to compensation for their child's medical costs as well as loss of income and pain and suffering. A lawyer who has experience in birth injury lawsuits will assist families in getting the justice they deserve.

Injuries to the brachialplexus could result in permanent and serious damage to the brachialplexus. In certain instances, these injuries can cause paralysis. This kind of nerve injury typically occurs during labor that is difficult, when a baby is oversized or in a breech position. If a doctor applies excessive force to deliver a baby the shoulder may get caught in the pelvic bone, causing the shoulder nerves to become compressed, stretched, or torn. This is referred to as shoulder dystocia and can result in Erb's Palsy.

During this stage, your lawyer will collect evidence for your case. This may include written reports from medical experts. The defendant's legal team will also gather evidence for their side, including depositions from witnesses as well as additional medical documents.

Once all evidence has been gathered the lawyers will try to negotiate a settlement. In most cases, both parties will agree to a certain amount. The lawsuit will be over. If the defendant doesn't agree to settle the case, it goes to 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.