Erb's Palsy Legal Defense

A medical error during childbirth may damage the nerve network of the neck and shoulder of a baby's. This condition, also known as Erb's palsy, could cause long-term problems in the affected arm.

A brachial plexus injury lawsuit could help families receive justice and financial compensation. A successful lawsuit can ensure that medical professionals are accountable and prevent further birth injuries.

Birth injury lawsuits

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

The condition is caused by the damage to a nerve bundle in the shoulder and arm called the brachial complex. The first sign of Erb's Palsy is the inability to raise the affected arm above your head. It can also be difficult to bend your elbow or place your hand in the "waiter tip" position. If both the upper and lower nerves have been injured the person could be suffering from a severe form of brachial palsy.

It's often the result of a medical mistake during a difficult birth. Shoulder dystocia, for instance, is when the baby's shoulders become stuck in the birthing canal. Doctors may employ forceps or a vacuum extractor to deliver the infant, but this can 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 which includes physical therapy, occupational therapy or surgery, as well as other equipment. Compensation may also be used to pay for lost wages as well as suffering and pain.

Statute of limitations

The cost of caring for an Erb's Palsy child can be staggering. Settlements can aid families in covering these costs. A settlement can assist families with medical expenses and other essentials throughout your child's life. The value of your child's claim will be based on the extent of their injuries as well as the amount of future treatment they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and then defend it in the trial.

The majority of birth injury lawsuits are settled out of court rather than going to trial. This is because it could be more expensive and time-consuming to fight for your rights at a trial. If your legal team can prove that the healthcare professional acted out of deference and that their carelessness caused your child's injury, they may be able to obtain a substantial settlement.

If you suspect that the shoulder injury suffered by your child was due to medical negligence It is essential to contact an experienced erb's palsy attorney as soon as you can. Every state has a law that restricts the time you have to submit an action. If you miss this deadline then you lose your right to sue forever. For this reason, it is important to set up a free consultation as soon as you are able to.

Mediation

Although a child's overall quality of life can be improved, Erb's Palsy is not curable. Physical therapy is an essential aspect of recovery since it aids in restoring mobility and strengthen the muscles of the arms and hand. But, this can only help if the muscles aren't ruptured or strained. If they were, surgery might be necessary.

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, which is a birthing complication. It can happen when a baby gets stuck in the pelvic bone of the mother's pelvis (scapula). In an attempt to get the baby out, medical staff often use excessive traction and pressure on the infant's head which could cause damage to the spinal cord and nerves.

A doctor who has been negligent in treating the condition can be held liable for the injuries. A settlement could be used to pay for future medical expenses and treatment costs, based on the severity of the injury.

It is essential to find an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits are often complicated and Erb's palsy require extensive investigation into the victim's medical records. The statute of limitations in each state can be different and must be observed.

Trial

When Erb's palsy is caused through medical negligence, the victim could be entitled to compensation for medical expenses incurred by their child and income loss and suffering. A lawyer who has experience in birth injury lawsuits can help families receive the justice they deserve.

Injury to the brachialplexus can result in permanent and serious damage to the brachialplexus. In some instances they may lead to paralysis. This kind of injury occurs when a baby is in an open or large position or during an extremely difficult delivery. When a doctor uses force to deliver the baby the shoulder could get trapped behind the pelvic bone and compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia and can cause Erb's palsy.

In this stage your lawyer will collect evidence to support your case. This could include written reports from medical specialists. The legal team of the defendant will also gather evidence to support their case such as witness depositions and additional medical documents.

Once all evidence has been gathered, the lawyers will seek to reach an agreement. In the majority of cases, both parties will agree on a specific amount. The lawsuit will then be over. If the defendant is not willing to settle the case, it goes to trial. During a trial, a jury and judge will listen to both sides' arguments and determine if the defendant was responsible for the injuries your child sustained.