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Erb's Palsy Legal Defense

An error in childbirth can damage the nerve network of the neck and shoulder of a newborn baby. The injury is known as Erb's Palsy and could cause long-term problems for the affected arm.

A lawsuit for injuries to the brachial plexus will allow families to receive justice and financial compensation. A successful lawsuit can bring medical professionals to account and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may help a family receive the financial relief they need to take care of a child with Erb's palsy. The lawsuit may also hold the medical professionals responsible for their actions. A qualified erb's palsy attorneys palsy lawyer can guide a family through the legal process.

The condition is caused by the damage to a nerve bundle in the shoulder and arm called the brachial plexus. The first sign of Erb's Palsy is the inability of lifting the affected arm above your head. It can also be difficult to bend the elbow or put the hand in a "waiter's tip" position. If both lower and upper nerves are damaged, the victim could be suffering from a severe form of brachial palsy.

It's typically the result of a medical mistake during a difficult delivery. For instance the baby's shoulders could get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may employ forceps or vacuum extractors to deliver the infant however this could stretch the nerves, causing Erb's palsy.

A successful Erb's palsy lawsuit could result in compensation for the victim's ongoing and future treatment, including physical therapy, occupational therapy, surgery, and special equipment. Compensation may also be used to cover lost wages and suffering and pain.

Statute of limitations

The cost of caring for an Erb's Palsy child can be exorbitant. Settlements can assist families with these expenses. While a settlement can't undo the damage your child sustained but it will allow you to pay for medical treatments and other necessities for the remainder of their lives. The value of your case will depend on the severity of your child's injuries as well as the amount of future care that they may require. Your MA erb's palsy law firms Palsy Lawyer will collaborate with your doctor to determine this value and then defend it in a trial.

Most birth injury lawsuits settle out of court, rather than going to trial. It can be costly and time-consuming for you to fight your rights in court. If your legal team is able to prove the healthcare professional's negligence and acted in a way that was unreasonable, they may be successful in obtaining a substantial settlement.

If you believe that the shoulder injury your child suffered was caused by medical malpractice it is imperative to speak with an experienced erb's palsy attorney as soon as possible. Each state has a statute that restricts the time you must submit an action. If you miss this deadline then you lose your right to sue for ever. It is for this reason that it is crucial to set up a free consultation as soon as possible.

Mediation

Although a child's overall quality of life can be improved, Erb's Palsy cannot be cured. Physical therapy is a vital component of recovery, because it can help restore flexibility and strength to the muscles of the hand and arms. However, this can only help if the nerves aren't rupturing or torn. If they were, then surgery may be required.

The underlying cause of Erb's palsy is damage to the brachial muscles in the neck and shoulder. This is most often caused by a complication that occurs during the birth known as shoulder dystocia. This may occur when a baby gets stuck under the mother’s pelvic bone. In order to free the baby, medical professionals may resort to excessive force and use traction on the skull of the infant which could cause damage to the spinal cord and nerves.

A doctor who is negligent in treating the condition may be held accountable for the injury. Based on the severity of the injury and the anticipated medical costs, a settlement could cover the cost of treatments and other expenses.

It is essential to find an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits can be complex and require a lot of research into the medical records of the victim. Furthermore the statute of limitations could change in each state, and must be followed.

Trial

When Erb's palsy is caused by medical negligence, victims could be entitled to compensation for their child's medical costs and income loss and suffering and pain. An attorney with experience in birth injury lawsuits can assist families to receive the justice they deserve.

Abrachialplexus injury can result in permanent and serious damage. In certain instances, these injuries can cause paralysis. This type of nerve injury usually occurs during a difficult birth when the baby is large or is in a breech stance. When a doctor uses excessive force to deliver a baby the shoulder may get trapped behind the mother's pelvic bone, leading to the shoulder nerves to become stretched, compressed or torn. This is called shoulder dystocia. It can lead to Erb's palsy.

During this stage your lawyer will collect evidence for 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 documents.

After all the evidence has been gathered, the lawyers will try to reach a settlement. In most cases both parties will settle on a certain amount of money. The lawsuit will then be over. However, if the defendant refuses to settle, the case goes to trial. During the trial, the jury and judge will consider both sides and decide whether the defendant is responsible for your child’s injuries.