Erb's Palsy Legal Defense
A medical error during childbirth can cause damage to the nerve network of the neck and shoulder of a newborn baby. This condition, also known as Erb's'Palsy', can cause long-term complications for the affected arm.
A lawsuit for brachial plexus injuries will allow families to receive justice and financial compensation. A successful lawsuit will also ensure that medical professionals are 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 suffering from Erb's Palsy. A lawsuit can also hold medical professionals accountable for their actions. A lawyer with experience in the field of Erb's Palsy may be able to help families navigate the legal process.
The condition develops when the brachialplexus, which is a nerve bundle that runs through the arm and shoulder, is damaged. The first sign of the condition is the inability to raise the affected arm above your head. It may also be difficult to bend the elbow or place the hand in an "waiter's tip" position. If both the upper and lower nerves are damaged the person may suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.
It's usually due to an error made by a doctor during a difficult birth. Shoulder dystocia, as an example, is when the shoulders of the baby become stuck in the birth canal. Doctors may employ forceps or an extractor vacuum to deliver the infant but this can stretch the nerves and lead to Erb's palsy.
A successful
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Statute of limitations
The cost of caring for a child who suffers from Erb's palsy can be staggering. A settlement settlement may help families pay for these expenses. A settlement can aid families in paying for medical expenses and other essentials throughout your child's life. The value of your child's lawsuit will be determined by the severity of their injuries as well as the amount of treatment they will require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and present it during the trial.
Most birth injury lawsuits are settled out of court instead of going to trial. This is because it may be more costly and time-consuming to fight for your rights at trial. However, if your legal team can demonstrate that the healthcare professional acted in a way that was unreasonable and that their negligence caused your child's injury and/or death, they could be able to negotiate a significant settlement.
If you believe that your child's shoulder injury was due to medical negligence, it is important to contact a knowledgeable attorney for erb's syndrome as soon as you can. Every state has a statute that limits the time you must file an action. You'll lose your right to sue if miss this deadline. This is why it is crucial to set up a free consultation as soon as you can.
Mediation
While children with Erb's palsy is not completely cure, treatment can improve their quality of life. Physical therapy is an essential component of recovery, because it helps restore mobility and strengthen the muscles of the hand and arms. This can only be helpful in the event that the nerves haven't ruptured or torn. If they were, surgery could be necessary.
The root cause of Erb's palsy is damage to the brachial nerves that run through the shoulder and neck. This is caused most commonly by shoulder dystocia, which is a birthing complication. This can happen when a baby is stuck under the mother’s pelvic bone. To free the baby, medical personnel may resort to excessive force and tension on the skull of the infant and cause damage to the spinal cord and nerves.
A doctor who is negligent in treating the condition may be held accountable for the injury. A settlement can be used to cover future medical expenses and treatment costs, based on the severity of an injury.
It is imperative to employ an experienced lawyer who knows how to handle a birth injury case. These lawsuits can be complicated and require extensive investigation into the victim's medical records. Additionally, the statute of limitations may change in each state and must be observed.
Trial
If Erb's condition is caused through medical negligence, the victim could be entitled to compensation for their child's medical costs and income loss and suffering and pain. An attorney with experience in birth injury cases can assist families receive the justice they deserve.
The brachialplexus is a muscle that can be injured and cause permanent and severe damage to the brachialplexus. In certain cases, they can lead to paralysis. This type of nerve injury usually occurs during a difficult birth when a baby is oversized or in a breech position. When a doctor uses force to deliver the baby, the shoulder can become trapped behind the pelvic bone, which can compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia. It may also lead to Erb's palsy.
At this point your lawyer will gather evidence for your case. This could include written reports from medical professionals. The legal team of the defendant will collect evidence to back their case such as witness depositions and additional medical documents.
After all the evidence has been collected, the attorneys will try to reach an agreement. Usually, both sides agree to a specific amount of money and the case will be closed at this point. If the defendant is not willing to settle, the case will go to trial. During the trial the judge and jury will consider both sides and decide whether the defendant is accountable for your child's injuries.