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Erb's Palsy Legal Defense

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

A brachial plexus injury lawsuit can help families receive justice and financial compensation. A successful lawsuit can also keep medical professionals accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could aid a family in obtaining the financial aid they need to care for a child with Erb's Palsy. A lawsuit may also make medical professionals accountable for their actions. A qualified Erb's Palsy lawyer can help a family navigate the legal process.

The condition is caused by damage to a nerve bundle in the shoulder and arm known as the brachial plexus. The first sign of the condition is the inability to lift the affected arm above your head. It can also be difficult to bend your elbow or position your hand in the "waiter tip" position. If both the upper and lower nerves are injured the patient could suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.

It's typically the result of a medical mistake during a difficult birth. Shoulder dystocia for instance, is when the shoulders of the baby become stuck in the birthing canal. Doctors can use forceps in order to deliver a baby or a vacuum extraction tool, but this can cause nerves to stretch, causing erb's palsy lawsuits Palsy.

A successful suit for Erb's palsy could result in compensation to pay for the victim's treatment now and in the future, including physical therapy and occupational therapy, surgeries and other equipment. Compensation can also compensate for lost wages and pain and suffering.

Statute of limitations

The cost of caring for an Erb's Palsy child can be enormous. Settlements can aid families in paying the costs. A settlement can aid families in paying for medical treatment and other necessities throughout the lifetime of your child. The value of your case will be contingent on the extent of your child's injuries and the amount of future treatment that they may require. Your MA Erb's Palsy lawyer and your doctor will determine the worth of your case and present it in a court trial.

A majority of birth injury lawsuits are settled out of court instead of going to trial. This is because it may be more expensive and time-consuming to fight for your rights in trial. If your legal team can prove that the healthcare professional acted unreasonably and their negligence led to the injury of your child and/or death, they could be able to negotiate a significant settlement.

You should consult with an experienced Erb's Palsy lawyer as quickly as you suspect that the shoulder injury sustained by your child was caused by medical negligence. Each state has a statute that limits the time you have to submit an action. If you miss this deadline then you lose your right to sue for ever. Therefore, it is important to set up a free consultation as soon a time as you can.

Mediation

While a child with Erb's Palsy can't be totally treated, treatment can improve their quality of life. Physical therapy is an essential aspect of the recovery process to help restore motion and strengthen the muscles of the arms and hands. However, it can only be beneficial if the nerves are not torn or ruptured. If they were, surgery might be necessary.

The brachial nerves in the neck and shoulder are damaged. This is most often caused by a problem during the birth known as shoulder dystocia. This may occur when a newborn is trapped beneath the pelvic bone (scapula). To free the baby, medical personnel may apply excessive force and tension on the skull of the infant which can cause damage to the spinal cord and nerves.

A doctor who was negligent in treating the problem can be held accountable for the injury. Depending on the severity of the injury and the expected medical costs the settlement could be used to pay for treatments and other expenses.

It is essential to choose an attorney who is experienced in handling birth injury cases. These lawsuits are complex and require extensive research into the medical records of the victim. The statute of limitations in each state may differ and must be complied with.

Trial

When Erb's palsy is caused by medical negligence, victims may be entitled to compensation for their child's medical expenses, loss of income, and suffering and pain. A lawyer who has experience in birth injury lawsuits can assist families in receiving the justice they deserve.

The brachial plexus can result in permanent and severe damage to the brachial plexus. In certain instances the injuries may cause paralysis. This type of injury happens when a baby is placed in an open or large position or is experiencing an extremely difficult delivery. If a doctor is using excessive force to deliver a baby the shoulder may get caught in the pelvic bone, which causes the shoulder nerves to be compressed, stretched or torn. This is referred to as shoulder dystocia. It could lead to Erb's Palsy.

At this point your lawyer will gather evidence to support your case. This may include written reports from medical specialists. The legal team of the defendant will collect evidence to support their side of the story which includes witness depositions, as well as additional medical records.

After all evidence has been collected, the attorneys will attempt to reach an agreement. Usually, both sides will agree to a sum of funds and the case will end at this point. If the defendant is unwilling to settle the case the case will be taken to court. During the trial, the jury and judge will hear both sides and decide whether the defendant is accountable for your child's injuries.