Erb’s Palsy Legal Defense
A medical mistake during childbirth may damage the nerve network in the baby’s neck and shoulder. This condition, also known as Erb’s Palsy, can cause long-term complications in the affected arm.
A brachial plexus injury lawsuit can help families receive financial compensation and justice. A successful lawsuit could also ensure that medical professionals are accountable and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit could assist a family to receive the financial compensation they need to provide care for a child with Erb’s palsy. The lawsuit can also hold medical professionals accountable for their actions. A qualified Erb’s palsy lawyer can assist a family through the legal process.
The condition is caused by damage to a bundle of nerves in the shoulder and arm called the brachial complex. The first symptom of Erb’s paralysis is typically an inability to elevate the affected arm above the head. You may also find it difficult to bend your elbow, or put your hand in a «waiter tip» position. If both upper and lower nerves are injured the person could suffer from a severe case of brachial palsy.
It’s usually caused by a mistake made by the doctor during a difficult birth. For instance the baby’s shoulders could become stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may employ forceps or an extractor vacuum to deliver the baby, but this can stretch the nerves, causing Erb’s palsy.
A successful Erb’s palsy lawsuit can result in compensation for a patient’s treatment currently and in the future that includes occupational therapy, physical therapy and surgery, as well as special equipment. Compensation can 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 staggering. A settlement can aid families in paying these expenses. While a settlement can’t undo the harm your child sustained however, it could allow you to pay for medical treatments and other necessities for the rest of their lives. The value of your child’s lawsuit will be determined by the severity of their injuries and how much treatment they may need. Your MA Erb’s Palsy Lawyer will work with your doctor to determine the value and then defend it in a trial.
The majority of birth-related injury lawsuits are settled outside of court, rather than going to trial. This is because it could be more expensive and time-consuming to fight for your rights in trial. If your legal team is able to show that the healthcare professional’s negligence and acted in a way that was unreasonable, they may be successful in obtaining a large settlement.
If you think the shoulder injury suffered by your child was the result of medical malpractice It is essential to contact an experienced Erb’s Palsy lawyer as quickly as possible. Every state has a law that limits the time you must make 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 crucial to schedule your free consultation as soon as you can.
Mediation
Although a child’s overall quality of life can be improved, Erb’s Palsy is not curable. Physical therapy is an essential component of the healing process to help restore range of motion and strengthens the muscles of the arms and hands. However, this can only be helpful if the nerves aren’t ruptured or strained. If they were, surgery might be required.
The underlying cause of erb’s palsy lawsuits Palsy is abrachial plexus nerves in the shoulder and neck. This is most often caused by a condition that occurs during birth, which is known as shoulder dystocia. It can occur when a child gets stuck under the pelvic bone of the mother. In order to free the baby, medical professionals may use excessive force and traction on the infant’s skull, which can damage the spinal cord and nerves.
A doctor who has been negligent in treating this condition can be held liable for the injury. Settlements can be used to pay for future medical costs and treatment expenses based on the severity of an injury.
It is vital to choose an experienced lawyer who is aware of how to deal with a birth injury lawsuit. These lawsuits can be complicated and require a thorough study of the medical documents of the victim. The limitations period in each state may differ and must be observed.
Trial
If Erb’s condition is caused by negligence in the medical field, victims could be entitled to compensation for their child’s medical costs or loss of income and pain and suffering. A lawyer with experience in birth injury cases can assist families receive the justice they deserve.
Injuries to the brachial plexus can cause permanent and severe damage. In some instances they can cause paralysis. This type of nerve injury usually occurs during a difficult birth when a baby is large or in a breech position. When doctors use force to deliver the infant the shoulder could get caught behind the mother’s pelvic bone, which can compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia. It can lead to Erb’s syndrome.
In this phase, your lawyer will gather evidence for your case, including written reports from medical experts. The lawyer representing the defendant will also gather evidence to support their side such as depositions of witnesses and other medical records.
Once all evidence has been collected, the lawyers will try to reach a settlement. Usually, both sides will accept a certain amount of money and the lawsuit will be concluded at this point. If the defendant refuses to settle the case then it will be referred to court. During a trial the jurors and the judge will consider both sides’ arguments, and then decide whether the defendant was accountable for the injuries your child sustained.