Erb's Palsy Legal Defense

A medical error made during childbirth can damage the nerves' network in the neck and shoulder of a newborn baby. This type of injury is known as Erb's palsy and can cause long-term problems for the affected arm.

A brachial plexus injury lawsuit could aid families in receiving justice and financial compensation. A successful lawsuit will also hold medical professionals accountable and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit may help a family receive the financial relief they need to care for a child with Erb's palsy. A lawsuit could also make medical professionals accountable for their actions. A qualified Erb's palsy lawyer can guide a family through the legal procedure.

The condition is caused by the brachialplexus, which is a nerve bundle that connects the arm and shoulder, is damaged. 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 the elbow or place the hand in an "waiter's tip" position. If both the lower and upper nerves are damaged, the victim may suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.

It's usually the result of an error made by a doctor during a difficult birth. Shoulder dystocia, for example, is when the shoulders of the baby are stuck in the birthing canal. Doctors may employ forceps or an extractor vacuum to deliver the baby but this can stretch the nerves and cause Erb's palsy.

A successful Erb's palsy lawsuit can result in compensation for the patient's future and current treatment, including occupational therapy, physical therapy or surgery, as well as other equipment. Compensation can cover the loss of wages or pain and suffering as well as even lost wages.

Statute of limitations

The cost of caring for an Erb's Palsy child can be enormous. Settlements can help families pay for these costs. While a settlement cannot undo the injury that your child suffered, it can allow you to pay for medical treatments and other necessities for the remainder of their life. The value of your child's lawsuit will be based on the severity of their injuries and the amount of treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then defend it in the trial.

A majority of birth injury lawsuits are settled 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 demonstrate the medical professional's negligence and acted in a way that was unreasonable the way they did, they could succeed in obtaining a substantial settlement.

If you believe that the shoulder injury suffered by your child was the result of medical malpractice it is imperative to consult a reputable erb's palsy attorney as soon as possible. Each state has a statute of limitations that sets an amount of time you have to file a claim. You'll lose your right to sue if you don't meet this deadline. It is for this reason that it is crucial to set up a free consultation as soon as possible.

Mediation

Although a child's quality life can be improved, Erb's Palsy is not curable. Physical therapy is an important part of the recovery, since it aids in restoring the range of motion and strengthen the muscles of the arms and hand. This is only helpful 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 that run through the neck and shoulder. This is typically caused by shoulder dystocia. This is a birthing complication. This happens when a baby gets stuck in the pelvic bone of a mother's birth. To try to get the baby out, medical staff typically use excessive traction and pressure on the head of the infant, which can cause damage to the nerves and spinal cord.

A doctor who failed to treat the condition may be held accountable for the injury. Settlements can be used to cover future medical costs and treatment costs, based on the severity of an injury.

It is vital to choose an experienced lawyer who knows how to manage a birth injury case. These lawsuits can be complex and require a thorough investigation of the medical records of the victim. The limitations period in each state can be different and must be complied with.

Trial

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

Injuries to the brachial plexus can cause severe and permanent damage to the brachial plexus. In certain instances these injuries can result in paralysis. This type of injury happens when a baby is in an open or large position or undergoing an extremely difficult delivery. If a doctor applies excessive force to deliver an infant the shoulder may get caught in the pelvic bone, causing shoulder nerves to be stretched, compressed, or torn. This is known as shoulder dystocia. It can lead to Erb's palsy.

During this stage, your lawyer will gather evidence for your case, such as written reports from medical experts. The legal team representing the defendant will also collect evidence for their side and depositions from witnesses and other medical records.

After all the evidence has been taken into consideration, the lawyers attempt to reach an agreement. Usually, both sides agree to a specific amount of money and the lawsuit will end at this point. If the defendant doesn't settle the case, it will go to court. During the trial the judge and jury will listen to both sides and decide whether the defendant is accountable for your child's injuries.