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Erb's Palsy Legal Defense

A medical error made during childbirth may damage the nerve network of the neck and shoulder of a newborn baby. This injury is referred to as Erb's Palsy and could result in long-term complications for the affected arm.

A brachial plexus injury lawsuit could aid families in receiving justice and financial compensation. A successful lawsuit can also ensure that medical professionals are held accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may help a family get the financial relief needed to care for erb's palsy attorney their child suffering from erb's palsy lawsuits Palsy. The lawsuit could also hold medical professionals accountable for their actions. A qualified Erb's palsy lawyer can guide a family through the legal process.

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

It's usually the result of a mistake made by a doctor during a difficult birth. For instance the baby's shoulder can get stuck in the birth canal, a condition referred as shoulder dystocia. Doctors can use forceps or an extractor vacuum to deliver the baby however this could stretch the nerves and result in Erb's palsy.

A successful Erb's Palsy lawsuit could result in compensation for the victim's current and future treatment which includes occupational therapy, physical therapy surgeries, and other 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-Pallsy child can be enormous. A settlement could help families cover these costs. Although a settlement will not reverse the harm your child sustained, it can aid in the cost of medical treatment and other necessities for the remainder of their lives. The value of your child's lawsuit will be determined by the severity of their injuries and the amount of future treatment they will require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and then present it at an investigation.

A majority of birth injury lawsuits are settled outside of court, rather than going to trial. It can be expensive and time-consuming for you to fight your rights in court. However, if your legal team can prove that the healthcare professional was unreasonably and that their carelessness caused your child's injury and/or death, they could be able to secure a substantial settlement.

If you think the shoulder injury suffered by your child was due to medical negligence, it is important to speak with an experienced erb's palsy attorney as soon as possible. Each state has a statute which limits the time you must make a claim. If you do not file your claim by the deadline, you will lose your right to sue forever. Therefore, it is essential to set up a free consultation as soon as you are able to.

Mediation

Although a child with Erb's Palsy can't be totally cure, treatment can improve their quality of life. Physical therapy is an important part of the recovery process and helps to restore movement and strengthen the muscles of the arms and hands. This is only beneficial in the event that the nerves haven't ruptured or torn. If they were, surgery may be necessary.

The underlying cause of Erb's Palsy is damage to the brachial nerves of the plexus in the neck and shoulder. This is most often caused by a problem during delivery known as shoulder dystocia. It can occur when a child gets stuck under the mother’s pelvic bone. To try to get the baby out, medical staff frequently use excessive traction and force on the head of the infant, which can cause damage to spinal cord and nerves.

A doctor who is negligent in treating this problem can be held accountable for the injuries. Depending on the severity the injury and erb's palsy attorney the projected medical expenses, a settlement could cover the cost of treatments and other expenses.

It is crucial to find an attorney who has experience in dealing with birth injury cases. These lawsuits are often complicated and require extensive research into the victim's medical records. The statute of limitations in every state is different and must be complied with.

Trial

If medical negligence is the root cause of the condition, the victims may be entitled an award for their child's medical expenses, lost income, and pain and discomfort. An experienced lawyer who has handled birth injury cases can help families get the justice they deserve.

The brachialplexus is a muscle that can be injured and result in permanent and severe damage to the brachialplexus. In some cases they can lead to paralysis. This type of injury happens when a baby is placed in an open or large position, or during an uneasy delivery. If a doctor is using excessive force to deliver a baby the shoulder can become caught in the pelvic bone, causing shoulder nerves to become stretched, compressed or torn. This is called shoulder dystocia. It could cause Erb's palsy.

In this phase the lawyer will collect evidence to support your case. This may include written reports from medical professionals. The legal team of the defendant will also collect evidence to support their case such as witness depositions and additional medical records.

After all the evidence has been obtained, the attorneys attempt to reach an agreement. In the majority of cases, both parties will agree to a certain amount. The lawsuit will then be over. If the defendant refuses to settle the case the case will be taken to the court. During the trial, the jury and judge will hear both sides and decide whether the defendant is responsible for your child’s injuries.