Erb's Palsy Legal Defense

An error in birth can cause damage to the nerve network in the baby's neck and shoulder. This condition is known as Erb's palsy and can result in long-term complications for the affected arm.

A brachial plexus lawsuit can aid families in receiving justice and financial compensation. A successful lawsuit could also keep medical professionals accountable and avoid future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may help a family receive the financial relief they need to care for a child with erb's palsy law firms palsy. A lawsuit may also ensure that medical professionals are held accountable for their actions. A lawyer with experience in dealing with the condition can help a family navigate the legal procedure.

The condition is caused by the damage to a nerve bundle in the arm and shoulder known as the brachial plexus. The first sign of the condition is the inability to lift the affected arm above your head. It might also be difficult to bend the elbow or put the hand in the "waiter's tip" position. If both the lower and upper nerves are injured, the victim may suffer from a more severe form of the condition referred to as total or global brachial plexus palsy.

It's usually caused by an error made by an obstetrician during a difficult birth. For example the baby's shoulder can become stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can use forceps or vacuum extractors to deliver the baby, but this can stretch the nerves and cause Erb's palsy.

A successful Erb’s palsy suit could result in compensation to cover the treatment of the victim now and in the future, which includes physical therapy and occupational therapy, surgeries and other equipment. Compensation can cover the cost of lost wages or pain and suffering as well as even lost wages.

Statute of limitations

The cost of caring for an Erb's-Pallsy child can be exorbitant. Settlements can help families cover the costs. A settlement can help families pay for medical care and other necessities throughout the life of your child. The value of your case will depend on the extent of your child's injuries and the amount of treatment that they might require. Your MA Erb’s Palsy lawyer and your physician will decide the value of your case, which they will present during a trial.

Most birth injury lawsuits settle out of court, rather than going to trial. It can be costly and time-consuming for you to fight your rights in court. If your legal team can demonstrate that the healthcare professional was negligent and acted in a way that was unreasonable or acted, they may succeed in obtaining a large settlement.

Contact a seasoned Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was a result of medical negligence. Each state has a statute that restricts the time you have to submit a claim. If you don't file by this deadline, you will lose your right to sue forever. This is why it is essential to schedule a free consultation as soon as you are able to.

Mediation

Although a child's overall quality of life can be improved, Erb's ailment cannot be treated. Physical therapy is an important component of recovery, since it aids in restoring the range of motion and strengthen the muscles of the arms and hand. This is only helpful if the nerves have not been ruptured or torn. If they were, surgery might be necessary.

The brachial nerves of the neck and shoulder are damaged. This is most commonly caused by a complication that occurs during birth, which is known as shoulder dystocia. This can occur when a baby gets stuck in the pelvic bone of the mother's pelvis (scapula). In order to help get the baby out, medical staff often use excessive traction or pressure on the infant's head which can cause damage to the nerves and spinal cord.

A doctor who is negligent in treating the condition could be held responsible for the injury. Settlements can be used to cover future medical costs and treatment costs depending on the severity of an injury.

It is crucial to hire an experienced lawyer who is aware of how to manage a birth injury case. These lawsuits are complicated and require extensive research into the medical records of the victim. The limitations period in states can differ and must be complied with.

Trial

If medical negligence is a cause of Erb's palsy, the victims may be entitled the right to compensation for their child's medical expenses, lost income, erb's Palsy Law firms as well as discomfort and pain. An experienced lawyer who has handled birth injury cases can assist families get the justice they deserve.

Injuries to the brachialplexus could result in permanent and severe damage to the brachialplexus. In some instances they can result in paralysis. This type of nerve injury usually occurs during labor that is difficult, when a baby is large or is in a breech position. When a physician uses a lot of force to deliver an infant the shoulder can become trapped behind the mother's pelvic bone, causing the shoulder nerves to be compressed, stretched or torn. This is known as shoulder dystocia and can cause Erb's palsy.

In this phase your lawyer will collect evidence to support your case, such as written reports from medical experts. The legal team representing the defendant will also gather evidence to support their side of the story such as depositions of witnesses as well as additional medical documents.

After all evidence has been taken into consideration, the lawyers will attempt to reach an agreement. Usually, both sides accept a certain amount of money and the case will end at this point. If the defendant doesn't agree to settle, the case will be tried. 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.