Erb's Palsy Legal Defense

A mistake made during childbirth may damage the nerve network of the neck and shoulder of a newborn baby. This injury, referred to as Erb's Palsy, lawsuit can cause long-term issues in the affected arm.

A brachial plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit can also ensure that medical professionals are accountable and avoid future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can assist a family to receive the financial compensation they require to care for their child suffering from Erb's syndrome. The lawsuit can also hold medical professionals responsible for their actions. A lawyer with experience in the field of Erb's Palsy may be able to help families navigate the legal procedure.

The condition is caused by damage to a bundle of nerves in the shoulder and arm called the brachial plexus. The most obvious sign of Erb's syndrome is an inability to lift the affected arm above the head. It can also be difficult to bend your elbow, or put your hand in a "waiter tip" position. If both the lower and upper nerves are damaged the patient may suffer from a more severe form of the condition referred to as total or global brachial plexus palsy.

It's usually due to an error made by an obstetrician during a difficult birth. For example, the baby's shoulders can become stuck in the birth canal, a condition known as shoulder dystocia. Doctors may use forceps to deliver a baby or a vacuum extraction tool, but this may stretch the nerves causing Erb's Palsy.

A successful Erb's palsy lawsuit could result in compensation for a patient's treatment currently and in the future, including occupational therapy, physical therapy surgeries, and other equipment. Compensation could cover lost wages as well as pain and suffering, and even lost wages.

Statute of limitations

The costs of caring for a child diagnosed with Erb's syndrome can be enormous. A settlement settlement may help families pay for these expenses. While a settlement won't be able to repair the damage your child sustained however, it could allow you to pay for medical treatments and other necessities for the rest of their life. The value of your child's lawsuit will be determined by the extent of their injuries and how much future treatment they may need. Your MA Erb’s Palsy lawyer and your doctor will decide the value of your case and present it at a trial.

The majority of birth-related injury lawsuits are settled out of court rather than going to trial. This is because it could be more costly and time-consuming to fight for your rights during a trial. If your legal team can show that the healthcare professional's negligence and unreasonably acted the way they did, lawsuit they could succeed in securing a significant settlement.

It is recommended to contact an experienced erb's palsy attorney palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was a result of medical negligence. Each state has a statute that limits the time in which you must submit a claim. If you do not file your claim by the deadline then you lose your right to sue forever. Therefore, it is important to schedule a consultation as soon a time as you can.

Mediation

While a child suffering from Erb's palsy is not completely treated, it can improve their quality of life. Physical therapy is a crucial element of recovery as it helps to restore mobility and strengthen the muscles of the arms and hand. This can only be helpful when the nerves aren't ruptured or torn. If they were, surgery may be required.

The brachial nerves of the shoulder and neck are damaged. This is most commonly caused by a problem during birth, which is known as shoulder dystocia. This can occur when a newborn is trapped under the mother's pelvic bone (scapula). To try to get the baby out, medical personnel often use excessive traction or force on the infant's head which can cause damage or injury to the spinal cord and nerves.

A doctor who was negligent in treating the condition could be held accountable for the injury. Depending on the severity the injury and the projected medical expenses A settlement may cover the cost of treatments and other expenses.

It is vital to choose an experienced lawyer who is aware of how to deal with a birth injury lawsuit. These lawsuits are complicated and require a thorough study of the medical documents of the victim. The limitations period in each state can be different and must be complied with.

Trial

If medical negligence is a cause of Erb's Palsy, patients may be entitled an award for their child's medical expenses, lost income as well as discomfort and pain. A lawyer who has experience in birth injury lawsuits can assist families to receive the justice they deserve.

Injuries to the brachialplexus could cause permanent and severe damage. In some instances these injuries can result in paralysis. This type of injury occurs when a baby is in an open or large position, or during a difficult delivery. When a physician uses a lot of force to deliver a baby the shoulder could become caught in the pelvic bone, leading to the shoulder nerves to become stretched, compressed or torn. This is known as shoulder dystocia and can cause Erb's palsy.

At this point your lawyer will collect evidence for your case. This may include written reports from medical professionals. The legal team of the defendant will also collect evidence for their side of the argument such as depositions of witnesses and additional medical documents.

After all the evidence has been gathered, lawyers will try to negotiate an agreement. Usually, both sides will agree to a specific amount of money and the lawsuit is over 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 the injuries your child sustained.