Erb’s Palsy Legal Defense
A medical mistake during childbirth can cause damage to the nerve network of the neck and shoulder area of a newborn’s. This injury is referred to as Erb’s palsy. It can cause long-term complications for the affected arm.
A lawsuit for injuries to the brachial plexus will allow families to receive justice and financial compensation. A successful lawsuit can hold medical professionals accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family receive the financial compensation needed to provide for their child suffering from Erb’s Palsy. The lawsuit can also hold the medical professionals responsible for their actions. A lawyer who is experienced in the field of Erb’s palsy can assist family members navigate the legal procedure.
The condition is caused by damage to a bundle of nerves in the shoulder and arm known as the brachial plexus. The first sign of the condition is the inability to lift the affected arm above your head. It can also be difficult to bend your elbow or position your hand in the «waiter tip» position. If both the upper and lower nerves are damaged, the victim may suffer from a more severe form of the condition known as global or palsy total brachial plexus palsy.
It’s often the result of a medical error during a difficult birth. Shoulder dystocia, for example, is when the shoulders of the baby become stuck in the birth canal. Doctors may employ forceps or a vacuum extractor to deliver the infant however, this can cause stretching of the nerves and cause Erb’s palsy.
A successful case in the Erb’s Palsy suit could result in compensation for the treatment of the victim now and in the future, including occupational therapy and physical therapy, surgery and special equipment. Compensation can be used to cover lost wages, pain and suffering and even the loss of wages.
Statute of limitations
The cost of caring for an Erb’s palsy child can be astronomical. A settlement could help families pay for the costs. Settlements can aid families in paying for medical care and other necessities throughout the life of your child. The value of your child’s case will be based on the severity of their injuries and how much future treatment they will require. Your MA Erb’s Palsy lawyer and your doctor will decide the value of your case and present it at a trial.
Most birth injury lawsuits end up in court, rather than going to trial. This is because it may be more costly and time-consuming to defend your rights in trial. If your legal team is able to prove the healthcare professional’s negligence and acted in a way that was unreasonable the way they did, they could succeed in obtaining a substantial settlement.
If you suspect 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 you can. Each state has its own statute of limitation that sets the time frame for when you must file your claim. If you fail to file your claim within this time, you will lose your right to sue forever. Therefore, it is crucial to schedule a consultation as soon as you are able to.
Mediation
While a child’s quality of life can be improved, the condition Erb’s Palsy is not curable. Physical therapy is an important element of recovery and helps to restore range of motion and strengthens the muscles in the arms and hands. This can only be beneficial when the nerves haven’t been ruptured or torn. If they were, surgery may be necessary.
The brachial nerves of the shoulder and neck are damaged. This is most often caused by a complication during the birth process known as shoulder dystocia. This may occur when a baby gets stuck under the mother’s pelvic bone. In order to free the baby, medical personnel may use excessive force and traction on the infant’s skull which can cause damage to the spinal cord and nerves.
A doctor who was negligent in treating the condition could be held responsible for the injury. Depending on the severity of the injury and the anticipated medical expenses, a settlement can be used to pay for treatments and other expenses.
It is essential to choose an attorney who has experience in dealing with birth injury cases. These lawsuits can be complex and require extensive investigation into the medical records of the victim. In addition, the statute of limitation can vary from state to state and must be followed.
Trial
If medical negligence is the cause of Erb’s Palsy, victims could be entitled to the right to compensation for their child’s medical expenses, income loss, and pain and discomfort. An attorney with experience in birth injury cases can help families receive the justice they deserve.
The brachial plexus can result in permanent and severe damage. In certain instances they can lead to paralysis. This type of nerve injury typically occurs during a difficult birth when a baby is large or is in a breech stance. When a doctor uses force to deliver the infant, the shoulder can become stuck behind the pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia. It can lead to Erb’s palsy.
In this phase, your lawyer will gather evidence for your case, such as written reports from medical experts. The lawyer representing the defendant will also collect evidence for their side of the argument which includes depositions of witnesses and additional medical documents.
After all evidence has been obtained, the attorneys will attempt to reach an agreement. Usually, both sides agree to a sum of funds and the case will end at this point. If the defendant is unwilling to settle the case the case will be taken to the court. In a trial, the jurors and the judge will consider both sides’ arguments and decide if the defendant was responsible for the injuries your child sustained.