Erb's Palsy Legal Defense
A medical error during childbirth can damage the nerve system in the baby's neck and shoulder. This injury, referred to as Erb's Palsy, may cause long-term problems in the affected arm.
A lawsuit for injuries to the brachial plexus can help families get justice and financial compensation. A successful lawsuit may also make medical professionals accountable and help prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family get the financial compensation they need to care for their child suffering from Erb's Palsy. The lawsuit could also hold the medical professionals accountable for their actions. A qualified lawyer for Erb's palsy can guide a family through the legal procedure.
The condition is caused when the brachialplexus, which is a bundle of nerves that runs through the shoulder and arm, is damaged. The most obvious sign of Erb's palsy is usually an inability to raise the affected arm above the head. You may also find it difficult to bend your elbow or position your hand in an "waiter tip" position. If both the upper and lower nerves are injured, the victim may suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.
It's usually caused by an error made by an obstetrician during a difficult birth. For example the baby's shoulders could get stuck in the birth canal, a condition referred as shoulder dystocia. Doctors can use forceps to deliver an infant or use a vacuum extraction tool, but this may stretch the nerves that cause Erb's Palsy.
A successful Erb's palsy suit can result in compensation that will cover the treatment of the victim now and in the future, including occupational therapy and physical therapy, as well as surgery and other equipment. Compensation could cover lost wages, pain and suffering and even the loss of wages.
Statute of limitations
The costs of caring for a child who suffers from Erb's Palsy can be exorbitant. A settlement settlement may aid families in covering these costs. While a settlement can't undo the injury 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 be contingent on the severity of your child's injuries and the amount of future treatment that they might require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then present it at the trial.
The majority of birth injury lawsuits are settled outside of court rather than going to trial. This is due to the fact that it can be more expensive and time-consuming to fight for your rights at trial. If your legal team is able to prove the healthcare professional's negligence and acted in a way that was unreasonable, they may be successful in obtaining a substantial settlement.
Contact a seasoned Erb's palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was due to medical negligence. Every state has a statute of limitation that sets an amount of time you have to file your claim. You'll lose the right to sue if do not meet this deadline. It is essential to make an appointment for a free consultation as soon as possible.
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Although a child's quality life can be improved, Erb's palsy cannot be treated. Physical therapy is an essential element of recovery to help restore motion and strengthens the muscles in the hands and arms. This is only helpful when the nerves aren't been torn or ruptured. If they were, surgery might be required.
The underlying cause of Erb's palsy is damage to the brachial nerves that run through the neck and shoulder. This is typically caused by shoulder dystocia, a birthing complications. This can occur when a baby gets stuck beneath the pelvic bone (scapula). In an effort to remove the baby, medical staff might use excessive force and tension on the skull of the infant, which can damage the spinal cord and nerves.
A doctor who failed to treat the condition may be held accountable for the injury. Settlements can be used to pay for future medical expenses and treatment expenses based on the severity of the injury.
It is crucial to select an attorney who is experienced in dealing with birth injury cases. These lawsuits are complex and require extensive research into the medical records of the victim. The time limits in each state may differ and must be complied with.
Trial
When Erb's palsy is caused through medical negligence, the victim may be entitled to compensation for medical expenses for their child or loss of income and suffering. A lawyer with experience in birth injury cases can assist families get the justice they deserve.
The brachial plexus can cause severe and permanent damage to the brachial plexus. In certain cases they can cause paralysis. This type of injury occurs when a baby is placed in a breech or large position, or during an uneasy delivery. When a physician uses a lot of force to deliver a baby, the shoulder may become stuck behind the pelvic bone, causing shoulder nerves to be compressed, stretched, or torn. This is known as shoulder dystocia. It can lead to Erb's palsy.
At this point your lawyer will gather evidence for your case. This could include written reports from medical experts. The legal team representing the defendant will also gather evidence for their side of the case which includes depositions of witnesses and medical documents.
Once all the evidence is gathered, the lawyers will attempt to reach an agreement. Usually, both sides will agree to a specific amount of money and the case is over at this point. If the defendant is unwilling to settle the matter the case will be taken to court. During the trial the judge and jury will listen to both sides and decide whether the defendant is accountable for your child’s injuries.