Erb's Palsy Legal Defense

A medical error during childbirth can cause damage to the nerve system in the neck and shoulder of a newborn baby. This type of injury is known as Erb's Palsy and could cause long-term complications for the affected arm.

A brachial plexus injury lawsuit could aid families in receiving justice and financial compensation. A successful lawsuit can also bring medical professionals to account and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family receive the financial aid they need to take care of a child with Erb's palsy. A lawsuit may also ensure that medical professionals are held accountable for their actions. A qualified Erb's palsy lawyer can guide a family through the legal procedure.

The condition is caused when the brachialplexus, a bundle of nerves that connects the shoulder and arm is damaged. The first sign of Erb's Palsy is the inability to raise the affected arm above your head. You may also find it difficult to bend your elbow or place your hand in an "waiter tip" position. If both the upper and lower nerves are damaged the person may suffer from a more severe form of the condition known as global or total brachial plexus palsy.

It's usually the result of an error made by the doctor during a difficult birth. For instance the baby's shoulders may get stuck in the birth canal, which is known as shoulder dystocia. Doctors can use forceps or an extractor vacuum to deliver the infant however this could stretch the nerves and cause Erb's palsy.

A successful Erb's palsy lawsuit can result in compensation for the patient's treatment currently and in the future such as occupational therapy, physical therapy surgeries, and other equipment. Compensation may cover lost wages, pain and suffering and even lost wages.

Statute of limitations

The cost of caring for an Erb's Palsy child can be exorbitant. Settlements can help families cover these costs. A settlement can assist families with medical treatment and other necessities throughout the life of your child. The value of your child's lawsuit will be determined by the extent of their injuries as well as how much treatment they may need. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and present it during a trial.

The majority of birth injury lawsuits end up in court, rather than going to trial. This is because it can be more costly and time-consuming to fight for your rights during a trial. If your legal team can demonstrate the medical professional's negligence and acted in a way that was unreasonable, they may be successful in obtaining a substantial settlement.

If you believe that your child's shoulder injury was the result of medical malpractice it is imperative to contact an experienced erb's palsy attorney as soon as you can. Every state has a statute that restricts the time you must make a claim. You'll lose your right to sue if do not meet this deadline. This is why it is crucial to schedule a free consultation as soon as you are able to.

Mediation

Although a child's quality of life can be improved, Erb's Palsy cannot be cured. Physical therapy is an essential part of the recovery process to help restore range of motion and strengthen the muscles in the arms and hands. This is only beneficial when the nerves haven't been ruptured or torn. If they were, surgery may be required.

The underlying cause of Erb's palsy is damage to the brachial nerves of the plexus in the neck and shoulder. This is typically caused by a complication during the birth process known as shoulder dystocia. This may occur when a newborn is trapped under the mother's pelvic bone (scapula). In order to free the baby, medical personnel may use excessive force and traction on the infant's skull, which can damage the spinal cord and nerves.

A doctor who is negligent in treating the problem can be held accountable for the injuries. A settlement could pay for future medical costs and treatment costs depending on the severity of the injury.

It is vital to choose an experienced lawyer who is aware of how to handle a birth injury case. These lawsuits are often complicated and require extensive research into the medical records of the victim. Furthermore, the statute of limitation can vary in every state and must be adhered to.

Trial

When Erb's palsy is caused by medical negligence, victims may be entitled to compensation for medical expenses for their child, loss of income, and pain and suffering. A lawyer who has experience in bringing lawsuits for birth injuries can assist families in receiving the justice they deserve.

Injuries to the brachial plexus can result in permanent and severe 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 undergoing an extremely difficult delivery. 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 compressed, stretched or torn. This is known as shoulder dystocia. It can lead to Erb's palsy.

During this stage, your lawyer will collect evidence to support your case. This could include medical reports in writing. The defendant's legal team will also gather evidence for their side of the case such as depositions of witnesses and medical documents.

Once all evidence is gathered, the lawyers will attempt to reach an agreement. In the majority of cases the parties will agree on a certain amount. The lawsuit will be closed. If the defendant does not agree to settle the case, it will be tried. During a trial the jury and judge will hear both sides' arguments and determine whether the defendant is responsible for your child's injuries.