Erb's Palsy Legal Defense

A medical mistake during childbirth could damage the nerve network of a baby’s neck and shoulder. This injury, commonly referred to as Erb's Palsy, may cause long-term issues in the affected arm.

A lawsuit for injuries to the brachial plexus can help families receive justice and financial compensation. A successful lawsuit can also ensure that medical professionals are accountable and avoid future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family get the financial relief they need to provide care for a child with Erb's Palsy. The lawsuit may also hold medical professionals responsible for their actions. An experienced erb's palsy law firm-Palsy lawyer can help a family navigate the legal procedure.

The condition is caused by the brachialplexus, a bundle of nerves that connects the shoulder and arm is damaged. The most prominent symptom of Erb's palsy is usually an inability to raise the affected arm over the head. You may also find it difficult to bend your elbow or place your hand in an "waiter tip" position. If both lower and upper nerves have been injured, the victim could suffer from a severe case of brachial palsy.

It's usually caused by an error made by a doctor during a difficult birth. Shoulder dystocia, as an example, is when the baby's shoulders are stuck in the birth canal. Doctors can use forceps to deliver an infant or a vacuum extraction tool, however this could stretch nerves causing Erb's Palsy.

A successful case in the Erb's Palsy suit could result in compensation for the victim's treatment now and in the future, which includes physical therapy and occupational therapy, surgery and special equipment. Compensation can be used to cover the cost of lost wages, pain and suffering, lawyers and even lost wages.

Statute of limitations

The costs of caring for a child suffering from Erb's Palsy can be exorbitant. Settlements can help families pay for these expenses. A settlement can assist families with medical care and other necessities throughout the life of your child. The value of your case will be contingent on the extent of your child's injuries, as well as the amount of future treatment that they might require. Your MA Erb’s Palsy lawyer and your doctor lawyers will decide the value of your case, which they will present in a court trial.

The majority of birth injury lawsuits end up in court, rather than going to trial. This is due to the fact that it can be more costly and time-consuming to defend your rights at trial. If your legal team can prove that the healthcare professional acted in a way that was unreasonable and that their carelessness caused the injury to your child it could be possible to win you a substantial settlement.

You should contact an experienced Erb's Palsy lawyer as quickly as you suspect that the shoulder injury sustained by your child was the result of medical negligence. Each state has its own statute of limitations which sets the time limit for when you must make a claim. If you don't file by this deadline and you do not file your claim, you forfeit your right to sue for ever. It is for this reason that it is imperative to schedule a free consultation as soon a time as you can.

Mediation

While a child's quality of life can be improved, Erb's ailment cannot be cured. Physical therapy is an essential part of the recovery process in that it can help restore motion and strengthens the muscles of the arms and hands. However, it can only be helpful if the nerves are not torn or ruptured. If they were, surgery could be required.

The root cause of Erb's Palsy is damage to the brachial muscles in the neck and shoulder. This is typically caused by shoulder dystocia. It is a birthing complications. This may occur when a baby is stuck under the mother's pelvic bone (scapula). In an effort to remove the baby, medical professionals may apply 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 may be held accountable 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 understands how to manage a birth injury case. These lawsuits can be complicated and require a thorough investigation of the medical records of the victim. The limitations period in each state may differ and must be followed.

Trial

If medical negligence is the cause of Erb's palsy, the victims may be entitled compensation for their child’s medical expenses, income loss, and discomfort and pain. A lawyer with expertise in lawsuits involving birth injuries can assist families in receiving the justice they deserve.

Injuries to the brachialplexus could result in permanent and serious damage. In some cases, these injuries can cause paralysis. This type of nerve injury generally occurs during labor that is difficult, when a baby is large or in a breech position. If a doctor applies excessive force to deliver an infant, the shoulder may become caught behind the mother’s pelvic bone, causing the shoulder nerves to become stretched, compressed, or torn. This is known as shoulder dystocia. It can also cause Erb's syndrome.

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

Once all the evidence has been gathered, the lawyers will try to reach a settlement. Usually, both sides will agree to a sum of funds and the case will be concluded at this point. However, if the defendant refuses to settle the case, it will be tried. During a trial, the judge and jury will hear both sides' arguments and decide if the defendant was responsible for the injuries your child sustained.