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Erb's Palsy Legal Defense

A medical mistake during childbirth can damage the nerve network in a baby’s neck and shoulder. This type of injury is known as Erb's spalsy and may cause long-term complications for the affected arm.

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

Birth injury lawsuits

A birth injury lawsuit could aid a family in receiving the financial relief needed to take care of their child who suffers from Erb's palsy. A lawsuit could also ensure that medical professionals are held accountable for their actions. An experienced Erb's-Palsy lawyer can assist a family through the legal procedure.

The condition is caused by the brachialplexus, a nerve bundle that connects the arm and shoulder, is damaged. The first sign of Erb's palsy is the inability to lift the affected arm above your head. You may also find it difficult to bend your elbow, or put your hand in a "waiter tip" position. If both lower and upper nerves are damaged the patient may suffer from a severe case of brachial palsy.

It's usually caused by a mistake made by the doctor during a difficult birth. For example the baby's shoulders could get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can use forceps to deliver a baby or a vacuum extraction tool, however this may stretch the nerves causing Erb's Palsy.

A successful erb's palsy lawsuit (simply click Google) could result in compensation for the patient's future and current treatment which includes physical therapy, occupational therapy, surgery, and special equipment. Compensation may also compensate for lost wages and pain and suffering.

Statute of limitations

The costs of caring for a child diagnosed with Erb's syndrome can be enormous. Settlements can help families pay for the costs. While a settlement cannot undo the harm your child sustained but it can help you afford medical treatment and other necessities for the rest of their lives. The value of your child's lawsuit will be based on the extent of their injuries as well as the amount of treatments they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and then defend it in an initial 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 defend 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 the way they did, they could succeed in obtaining a large settlement.

Contact a seasoned Erb's Palsy lawyer as quickly as you suspect that the shoulder injury sustained by your child was a result of medical malpractice. Each state has a statute of limitations which sets an amount of time you have to submit your claim. If you fail to file your claim within this time then you lose your right to sue for ever. This is why it is crucial to schedule a free consultation as soon as possible.

Mediation

Although a child with Erb's palsy cannot be completely treated, treatment can improve their quality of life. Physical therapy is a crucial element of recovery as it helps to restore the range of motion and strengthen the muscles of the hand Erb's palsy lawsuit and arms. However, it can only help if the muscles aren't ruptured or strained. If they were, then surgery may be needed.

The brachial nerves in the neck and shoulder are damaged. This is most often caused by a condition that occurs during birth, which is known as shoulder dystocia. This happens when a child is trapped under the mother’s pelvic bone. In an attempt to get the baby out, medical personnel often use excessive traction or force on the head of the infant, which could cause damage to the spinal cord and nerves.

A doctor who was negligent in treating the condition could be held accountable for the injury. A settlement could be used to cover future medical expenses and treatment costs, based on the severity of an injury.

It is important to hire an attorney with experience in handling birth injury cases. These lawsuits are complex and require a thorough study of the medical documents of the victim. The time limits in every state is different and must be observed.

Trial

If medical negligence is the root cause of Erb's palsy, the victims may be entitled the right to compensation for their child's medical expenses, lost income, and discomfort and pain. An attorney with expertise in lawsuits involving birth injuries can help families receive the justice they deserve.

Injuries to the brachialplexus could result in permanent and severe damage. In some cases they can lead to paralysis. This type of injury happens when a baby is in an elongated or breech position, or during a difficult delivery. When a doctor makes use of force to deliver the infant the shoulder may get trapped behind the pelvic bone, causing it to compress or stretch the shoulder nerves. This is known as shoulder dystocia. It may also lead to Erb's syndrome.

At this point, your lawyer will collect evidence for your case. This could include written reports from medical experts. The lawyer representing the defendant will also gather evidence for their side such as depositions of witnesses and other medical records.

After all the evidence has been taken into consideration, the lawyers will attempt to reach an agreement. Usually, both sides will agree to a specific amount of money, and the lawsuit will be closed at this point. If the defendant refuses to settle the case, it will go to court. During a trial, a jury and judge will listen to both sides' arguments and decide whether the defendant is responsible for your child's injuries.