Erb's Palsy Legal Defense
A medical error made during childbirth can cause damage to the nerve system in the neck and shoulder of a baby's. This injury, known as Erb's Palsy, may cause long-term issues in the affected arm.
A brachial plexus injury lawsuit can help families receive financial compensation and justice. A successful lawsuit will also hold medical professionals accountable and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit could help a family get the financial aid they need to take care of a child with
Erb's palsy. The lawsuit may also hold medical professionals responsible for their actions. A qualified Erb's palsy lawyer will guide a family through the legal process.
The condition is caused by damage to a nerve bundle in the arm and shoulder known as the brachial nerve plexus. The first sign of
Erb's Palsy is the inability to raise the affected arm above your head. It can be a challenge to bend the elbow or place the hand into a "waiter's tip" position. If both the lower and upper nerves are injured the patient may suffer from a more severe form of the condition known as global or total brachial plexus palsy.
It's usually due to an error made by the doctor during a difficult birth. Shoulder dystocia, as an example, is when the shoulders of the baby become stuck in the birthing canal. Doctors can use forceps or vacuum extractors to deliver the infant but this can stretch the nerves and result in Erb's palsy.
A successful Erb's palsy lawsuit can result in compensation for the patient's treatment currently and in the future, including physical therapy, occupational therapy and surgery, as well as special equipment. Compensation may also be used to compensate for lost wages and suffering and pain.
Statute of limitations
The cost of caring for an Erb's Palsy child can be exorbitant. Settlements can assist families with these costs. Although a settlement will not reverse the harm your child sustained but it will aid in the cost of medical treatment and other necessities for the remainder of their life. The value of your case will be contingent on the extent of your child's injuries and the amount of treatment that they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and present it during an investigation.
Most birth injury lawsuits are settled out of court instead of going to trial. It can be costly and time-consuming to fight your rights in court. If your legal team can show that the healthcare professional's negligence and acted in a way that was unreasonable, they may be successful in securing a significant settlement.
If you think that the shoulder injury suffered by your child was due to medical negligence It is essential to consult a reputable erb's palsy attorney as soon as you can. Each state has a statute that limits the time in which you have to submit a claim. If you do not file your claim by the deadline and you do not file your claim, you forfeit your right to sue forever. It is for this reason that it is important to schedule a free consultation as soon a time as you can.
Mediation
Although a child's quality life can be improved, Erb's Palsy is not curable. Physical therapy is an important component of recovery, since it aids in restoring flexibility and strength to the muscles of the hands and arms. This is only helpful if the nerves have not ruptured or strained. If they were, surgery may be needed.
The underlying cause of Erb's palsy is damage to the brachial nerves of the plexus in the neck and shoulder. This is caused most commonly by shoulder dystocia, a birthing complications. This can happen when a child gets stuck under the pelvic bone of the mother. In the attempt to pull the baby free, medical professionals often use excessive traction or force on the infant's head which can cause damage to the nerves and spinal cord.
A doctor who has been negligent in treating this condition can be held liable for the injury. Settlements can pay for future medical costs and treatment costs based on the severity of the injury.
It is important to hire an attorney with experience in handling birth injury cases. These lawsuits are complex and require thorough research into the medical documents of the victim. Additionally the statute of limitation can vary from state to state, and
Erb's Palsy must be followed.
Trial
When Erb's palsy is caused by negligence in the medical field, victims may be entitled to compensation for medical expenses incurred by their child and income loss and suffering. An attorney with experience in bringing lawsuits for birth injuries will assist families in getting the justice they deserve.
Injuries to the brachial nerve can cause severe and permanent damage. In some cases, they can lead to paralysis. This kind of nerve injury typically occurs during a difficult birth when the baby is large or is in a breech position. When the doctor uses force to deliver the baby, the shoulder can become stuck behind the pelvic bone and compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia. It can lead to Erb's palsy.
During this phase your lawyer will collect evidence to support your case, such as written reports from medical experts. The legal team of the defendant will collect evidence to back their case, including witness depositions and additional medical records.
Once all the evidence is gathered, the lawyers will seek to reach a settlement. Usually, both sides accept a certain amount of funds and the case will be closed at this point. If the defendant doesn't settle the matter and the case goes to court. During a trial, the jurors and the judge will consider both sides' arguments, and then decide whether the defendant was accountable for your child's injuries.