erb's palsy law firms Palsy Legal Defense

A medical error during childbirth could damage the nerves' network in the neck and shoulder of a newborn baby. This injury is referred to as Erb's Palsy and could cause long-term issues for the affected arm.

A brachial plexus injury lawsuit could assist families to receive financial compensation and justice. A successful lawsuit can bring medical professionals to account and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can aid a family in receiving the financial compensation they need to care for their child with Erb’s palsy. The lawsuit could also hold medical professionals responsible for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal process.

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

It's typically the result of a medical mistake during a difficult delivery. Shoulder dystocia, for example is when the shoulders of the baby become stuck in the birth canal. Doctors can use forceps or vacuum extractors to deliver the infant however, this can cause stretching of the nerves, causing Erb's palsy.

A successful Erb's palsy lawsuit can result in compensation for a patient's future and current treatment which includes occupational therapy, physical therapy surgeries, and other equipment. Compensation could cover the loss of 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 can assist families with these expenses. While a settlement can't undo the injury your child suffered but it can allow you to pay for medical treatments and other necessities for the remainder of their lives. 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 will collaborate with your doctor to determine this worth and present it at an investigation.

The majority of birth-related injury lawsuits are settled out of court, rather than going to trial. This is because it can be more expensive and time-consuming to defend your rights at a trial. If your legal team is able to demonstrate that the healthcare professional was negligent and acted in a way that was unreasonable the way they did, they could succeed in securing a significant settlement.

If you think your child's shoulder injury was the result of medical malpractice it is imperative to contact a knowledgeable Erb's Palsy lawyer as quickly as you can. Each state has a statute of limitations which sets a limit on how long you must make a claim. If you fail to file your claim within this time, you will lose your right to sue for ever. It is for this reason that it is essential to schedule a consultation as soon as you can.

Mediation

Although a child's quality of life can be improved, Erb's ailment cannot be treated. Physical therapy is a crucial element of recovery and helps to restore range of motion and strengthens the muscles in the hands and arms. This can only be helpful if the nerves have not been torn or ruptured. If they were, surgery may be required.

The root reason for Erb's palsy is damage to the brachial nerves of the plexus in the neck and shoulder. This is caused most commonly by shoulder dystocia, a birthing complication. This happens when a child is trapped in the pelvic bone of a mother's birth. In the effort to free the baby, medical staff might use excessive force and traction on the infant's skull, which can damage the spinal cord and nerves.

A doctor who was negligent in treating the condition could be held accountable for the injury. Depending on the severity the injury and the estimated future medical costs the settlement could cover the cost of treatments and other expenses.

It is important to hire an attorney who is experienced in handling birth injury cases. These lawsuits can be complicated and require extensive investigation into the medical records of the victim. Furthermore, the statute of limitations could vary from state to state and must be carefully followed.

Trial

If medical negligence is the root cause of the condition, the victims may be entitled an award for their child's medical expenses, income loss, and pain and discomfort. An experienced lawyer who has handled birth injury cases can assist families get the justice they deserve.

The brachial plexus can cause serious and permanent damage. In some cases these injuries can result in paralysis. This type of injury can occur when a baby is in an elongated or breech position, or during an extremely difficult delivery. When doctors use force to deliver the infant the shoulder could get stuck behind the pelvic bone, which can compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia. It may also lead to Erb's palsy.

During this phase, your lawyer will gather evidence for your case, including written reports from medical experts. The legal team representing the defendant will also gather evidence to support their side of the story which includes depositions of witnesses and medical documents.

Once all the evidence has been gathered the lawyers will attempt to reach a settlement. In the majority of cases both parties will settle on a specific amount of money. The lawsuit will be closed. If the defendant is not willing to settle, the case will be heard at trial. During the trial the judge and jury will examine both sides and determine whether the defendant is responsible for your child’s injuries.