Erb's Palsy Legal Defense

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

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

Birth injury lawsuits

A birth injury lawsuit can aid a family in receiving the financial compensation needed to care for their child with Erb’s palsy. The lawsuit can also hold medical professionals responsible for their actions. A qualified lawyer for Erb's palsy can assist a family through the legal process.

The condition is caused by the brachialplexus, which is a bundle of nerves that connects the arm and shoulder, is damaged. The first sign of the condition is the inability to lift the affected arm above your head. It could be a challenge to bend the elbow or put the hand into a "waiter's tip" position. If both the upper and lower nerves are injured the patient may be suffering from a severe form of brachial palsy.

It's usually the result of a mistake made by an obstetrician during a difficult birth. For instance the baby's shoulder can get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may use forceps or vacuum extractors to deliver the baby however, this can cause stretching of the nerves and result in erb's palsy lawyers palsy.

A successful Erb's palsy lawsuit could result in compensation for a victim's current and future treatment that includes physical therapy, occupational therapy and surgery, as well as special equipment. Compensation could cover the loss of wages, pain and suffering, and even lost wages.

Statute of limitations

The costs of caring for a child with Erb's syndrome can be enormous. Settlements can help families cover these expenses. A settlement can assist families with medical care and other expenses throughout your child's life. The worth of your child's case will be based on the extent of their injuries and the amount of future treatment they may need. Your MA Erb's Palsy lawyer and your doctor will decide the value of your case, which they will present during a trial.

Most 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 at a trial. However, if your legal team can prove that the healthcare professional was unreasonably and that their negligence caused your child's injury it could be possible to obtain a substantial settlement.

You should contact an experienced Erb's palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was due to medical malpractice. Each state has its own statute of limitations that imposes the time limit for when you must make a claim. You will lose the right to sue if you are late. It is imperative to arrange your free consultation as soon as you can.

Mediation

Although a child's quality life can be improved, Erb's Palsy cannot be treated. Physical therapy is an essential part of the recovery, as it helps to restore range of movement 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 needed.

The underlying cause of Erb's palsy is damage to the brachial nerves of the plexus in the neck and shoulder. It is usually caused by a condition that occurs during delivery known as shoulder dystocia. This can happen when a child gets stuck beneath the pelvic bone of the mother. In an attempt to get the baby out, medical professionals often use excessive traction or pressure on the head of the infant, which can cause damage to nerves and spinal cord.

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

It is crucial to hire an experienced lawyer who is aware of how to deal with a birth injury lawsuit. These lawsuits are extremely complex and require a thorough study of the medical documents of the victim. The statute of limitations in each state may differ and must be complied with.

Trial

When the cause of Erb's syndrome is through medical negligence, the victim may be entitled to compensation for their child's medical costs or loss of income and suffering and pain. A lawyer with experience in birth injury cases can assist families receive the justice they deserve.

The brachial plexus can cause permanent and severe damage. In certain cases, they can lead to paralysis. This type of nerve injury typically occurs in the event of a difficult birth when the baby is large or is in a breech stance. When a physician uses a lot of force to deliver an infant the shoulder may get caught behind the mother’s pelvic bone, leading to the shoulder nerves to become stretched, compressed, or torn. This is known as shoulder dystocia. It can lead to Erb's syndrome.

During this phase the lawyer will gather evidence to support your case, such as written reports from medical experts. The legal team of the defendant will also gather evidence to support their side of the story such as depositions of witnesses and additional medical documents.

Once all evidence is gathered, the lawyers will seek to negotiate a settlement. Usually, both sides agree to a sum of money, and the lawsuit is over at this point. If the defendant doesn't settle the matter, it will go to the court. During the trial, the jury and judge will consider both sides and decide whether the defendant is responsible for the injuries your child sustained.