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Erb's Palsy Legal Defense

An error in childbirth could damage the nerve system in the neck and shoulder of a newborn baby. The injury is known as Erb's palsy and can cause long-term problems for the affected arm.

A lawsuit for injuries to the brachial plexus can help families receive justice and financial compensation. A successful lawsuit could also hold medical professionals accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family receive the financial relief they need to provide care for a child with Erb's palsy. The lawsuit can also hold the medical professionals accountable for their actions. A qualified erb's palsy lawsuits palsy lawyer can guide a family through the legal procedure.

The condition is caused by the damage to a nerve bundle in the arm and shoulder called the brachial complex. 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 in a "waiter's tip" position. If both the lower and upper nerves are damaged the patient may suffer from a more severe version of the condition known as total or global brachial plexus palsy.

It's often the result of a medical mistake during a difficult delivery. Shoulder dystocia, for example, is when the baby's shoulders get stuck in the birth canal. Doctors may use forceps or vacuum extractors to deliver the baby however this could stretch the nerves, causing Erb's palsy.

A successful Erb's palsy lawsuit can result in compensation for the patient's treatment currently and in the future such as occupational therapy, physical therapy surgeries, and other equipment. Compensation may also pay for lost wages, as well as pain and suffering.

Statute of limitations

The cost of caring for an Erb's Palsy child can be astronomical. Settlements can assist families with the costs. A settlement can aid families in paying for medical expenses and other essentials throughout the lifetime of your child. The value of your case will depend on the severity of your child's injuries as well as the amount of future care that they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and present it during an initial trial.

The majority of birth injury lawsuits are settled outside of court rather than going to trial. It can be costly and time-consuming to fight your rights in court. If your legal team can prove that the healthcare professional acted out of deference and their negligence led to the injury to your child 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 imperative to contact a knowledgeable erb's palsy attorney as soon as possible. Every state has a statute of limitation that sets an amount of time you must make a claim. You'll lose the right to sue if miss this deadline. For this reason, it is imperative to set up a free consultation as soon as you are able to.

Mediation

Although a child's quality life can be improved, Erb's Palsy cannot be treated. Physical therapy is an important part of the recovery, because it helps restore mobility and strengthen the muscles of the hands and arms. This can only be beneficial when the nerves haven't been ruptured or torn. If they were, surgery might be required.

The underlying cause of Erb's palsy is damage to the brachial nerves of the plexus in the shoulder and neck. This is most commonly caused by a complication that occurs during delivery known as shoulder dystocia. It can happen when a baby gets stuck under the mother's pelvic bone (scapula). To free the baby, medical personnel might use excessive force and tension on the skull of the infant which could cause damage to the spinal cord and nerves.

A doctor who failed to treat the condition could be held responsible for the injury. Settlements can pay for future medical costs and treatment costs depending on the severity of the injury.

It is vital to choose an experienced lawyer who knows how to manage a birth injury case. These lawsuits can be complicated and require extensive investigation into the victim's medical records. Furthermore the statute of limitation can vary in every state, and must be adhered to.

Trial

When Erb's palsy is caused by medical negligence, victims could be entitled to compensation for medical expenses for their child or loss of income and suffering and pain. An experienced lawyer who has handled birth injury cases can assist families get the justice they deserve.

Injuries to the brachial nerve can cause permanent and severe damage. In certain cases they may lead to paralysis. This type of nerve injury usually occurs during a difficult birth when a baby is large or is in a breech stance. When the doctor uses force to deliver the baby the shoulder could get stuck behind the mother's pelvic bone, causing it to compress or stretch the shoulder nerves. This is called shoulder dystocia. It can lead to Erb's palsy.

During this phase, your lawyer will gather evidence for your case, such as written reports from medical experts. The legal team of the defendant will collect evidence to support their case including witness depositions as well as additional medical records.

Once all the evidence has been gathered, the lawyers will attempt to reach an agreement. Usually, both sides agree to a specific amount of funds and the case will be closed at this point. If the defendant is unwilling to settle the case then it will be referred to court. In a trial, the judge and jury will hear both sides' arguments and determine if the defendant was responsible for the injuries your child sustained.