Erb's Palsy Legal Defense

A medical error made during childbirth can cause damage to the network of nerves in the neck and shoulder of a baby's. This condition is known as Erb's palsy and can cause long-term issues for the affected arm.

A lawsuit for brachial plexus injuries can help families get justice and financial compensation. A successful lawsuit can make medical professionals accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could help a family receive the financial relief needed to provide care for their child with Erb's palsy. A lawsuit can also hold medical professionals accountable for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal process.

The condition occurs when the brachialplexus, which is a nerve bundle that runs through the shoulder and arm is damaged. The first sign of Erb's palsy is the inability to lift the affected arm above your head. It might 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 damaged, the victim may suffer from a more severe version of the condition known 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 shoulder can become stuck in the birth canal, a condition known as shoulder dystocia. Doctors can use forceps or a vacuum extractor to deliver the baby, but this can stretch the nerves and lead to Erb's palsy.

A successful Erb’s palsy suit could result in compensation to cover the victim's medical treatment now and in the future, including occupational therapy and physical therapy, surgery and special equipment. Compensation may also be used to be used to pay for lost wages as well as suffering and pain.

Statute of limitations

The cost of caring for an Erb's Palsy child can be astronomical. Settlement settlements can help families pay for these expenses. While a settlement won't be able to repair the injury your child suffered however, it could assist you in paying for medical treatment and other necessities for the rest of their life. The value of your child's claim will be based on the severity of their injuries and the amount of treatment they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and present it during a trial.

Most birth injury lawsuits end up in court, instead of going to trial. This is because it can be more expensive and time-consuming to fight for your rights at trial. If your legal team can demonstrate that the healthcare professional was unreasonably and their negligence resulted in the injury of your child, they may be able to obtain a substantial settlement.

If you believe that the shoulder injury your child suffered was due to medical negligence It is crucial to consult a reputable Erb's Palsy lawyer as quickly as possible. 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 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 consultation as soon as you can.

Mediation

Although a child with Erb's palsy cannot be completely cured, treatment can help improve their quality of life. Physical therapy is an essential aspect of the recovery process in that it can help restore range of motion and strengthen the muscles of the hands and arms. This is only helpful if the nerves have not ruptured or torn. If they were, surgery might be required.

The root cause of Erb's Palsy is the damage to the brachial plexus nerves in the neck and shoulder. This is typically caused by a complication during delivery known as shoulder dystocia. It is a condition that occurs when a newborn is trapped under the mother's pelvic bone (scapula). In an effort to remove the baby, medical personnel may resort to excessive force and traction on the infant's skull which can cause damage to the spinal cord and nerves.

A doctor who has been negligent in treating the condition can be held liable for the injuries. Based on the severity of the injury and the projected medical expenses, a settlement can pay for treatment and other expenses.

It is important to hire an attorney who has experience in handling birth injury cases. These lawsuits are complicated and require thorough research into the medical records of the victim. The time limits in each state may differ and must be adhered to.

Trial

If medical negligence is a cause of erb's palsy lawsuit palsy, the victims may be entitled an award for their child's medical expenses, lost income, as well as pain and discomfort. A lawyer who has experience in birth injury lawsuits will assist families in getting the justice they deserve.

Injuries to the brachial plexus can cause permanent and severe damage to the brachial plexus. In some cases, they can lead to paralysis. This type of injury happens when a baby is placed in the breech or in a large position, or during a difficult delivery. When a doctor makes use of force to deliver the baby the shoulder may become stuck behind the mother's pelvic bone and compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia. It can also cause Erb's syndrome.

In this phase, your lawyer will collect evidence for your case. This may include written reports from medical specialists. The defendant's legal team will also gather evidence for their side of the story such as depositions of witnesses and additional medical documents.

Once all the evidence has been collected, the lawyers will attempt to reach a settlement. In most cases the parties will agree on a specific amount of money. The lawsuit will be concluded. If the defendant doesn't agree to settle, the case will be heard at trial. During a trial the jury and judge will listen to both sides' arguments and determine whether the defendant was accountable for the injuries your child sustained.