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Erb's Palsy Legal Defense

A medical mistake during childbirth can damage the nerve network of the baby's neck and shoulder. This injury is referred to as Erb's spalsy and may cause long-term problems for the affected arm.

A brachial plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit will also keep medical professionals accountable and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could help a family receive the financial compensation they require to care for their child suffering from Erb's syndrome. A lawsuit could also bring medical professionals to account for their actions. A qualified erb's palsy lawyer [why not try here] can assist a family through the legal procedure.

The condition is caused by damage to a bundle of nerves in the arm and shoulder known as the brachial nerve plexus. The first symptom of Erb's syndrome is an inability to raise the affected arm above the head. It may also be difficult to bend the elbow or place the hand in the "waiter's tip" position. If both the lower and upper nerves are injured the patient could suffer from a more severe version of the condition referred to as global or total brachial plexus palsy.

It's usually the result of an error made by an obstetrician during a difficult birth. For instance the baby's shoulder can become stuck in the birth canal, a condition known as shoulder dystocia. Doctors may use forceps to deliver an infant or use a vacuum extraction tool, however this may stretch the nerves that cause Erb's Palsy.

A successful Erb's Palsy lawsuit could result in compensation for a victim's current and future treatment such as occupational therapy, physical therapy and surgery, as well as special equipment. Compensation can also cover lost wages and suffering and pain.

Statute of limitations

The cost of caring for a child diagnosed with Erb's syndrome can be enormous. Settlements can assist families with these costs. Although a settlement will not reverse the injury that your child suffered but it will allow you to pay for medical treatments and other necessities for the remainder of their life. The value of your case will depend on the extent of your child's injuries, as well as the amount of future treatment that they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this worth and present it at the trial.

The majority of birth injury lawsuits end up in court, instead of going to trial. It can be expensive and time-consuming for you to fight your rights in court. If your legal team can prove that the healthcare professional acted unreasonably and that their carelessness caused the injury to your child it could be possible to obtain a substantial settlement.

If you believe that your child's shoulder injury was the result of medical malpractice, it is important to contact a knowledgeable erb's palsy attorneys Palsy lawyer as quickly as you can. Every state has a statute that restricts the time you have to submit a claim. If you miss this deadline then you lose your right to sue forever. For this reason, it is imperative to schedule a free consultation as soon a time as you can.

Mediation

While children with Erb's palsy cannot be completely treated, it can improve their quality of life. Physical therapy is a crucial element of recovery, as it helps restore range of movement and strengthen the muscles in the hands and arms. This can only be helpful when the nerves haven't ruptured or torn. If they were, surgery could be required.

The underlying cause of Erb's palsy is the damage to the brachial nerves of the plexus in the neck and shoulder. This is most commonly caused by a problem during the birth process known as shoulder dystocia. This can happen when a child gets stuck in the pelvic bone of a mother's birth. In the effort to free the baby, medical staff may apply excessive force and tension on the skull of the infant 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. A settlement can pay for future medical costs and treatment costs, based 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 states can differ and must be followed.

Trial

If Erb's condition is caused by negligence in the medical field, victims may be entitled to compensation for medical expenses incurred by their child, loss of income, and pain and suffering. An attorney with expertise in lawsuits involving birth injuries 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 certain cases they can lead to paralysis. This type of nerve injury typically occurs during labor that is difficult, when a baby is large or is in a breech stance. When doctors use force to deliver the infant the shoulder may become stuck behind the mother's pelvic bone and compress or stretch the shoulder nerves. This is called shoulder dystocia. It can lead to erb's palsy attorney Palsy.

During this phase your lawyer will begin gathering evidence to support your case, including written reports from medical experts. The legal team of the defendant will also gather evidence to support their side of the case and depositions from witnesses as well as additional medical documents.

Once all the evidence has been gathered the lawyers will attempt to reach an agreement. Usually, both sides will accept a certain amount of money and the lawsuit is over at this point. If the defendant is unwilling to settle the case and the case goes to court. In a trial, the jury and judge will hear both sides' arguments and determine if the defendant was responsible for the injuries your child sustained.