erb's palsy attorney Palsy Legal Defense

A medical error during childbirth can cause damage to the nerve network of the neck and shoulder of a newborn baby. This condition, also known as Erb's palsy, could cause long-term issues in the affected arm.

A lawsuit for injuries to the brachial plexus will allow families to receive justice and financial compensation. A successful lawsuit could also make medical professionals accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can assist a family to receive the financial relief needed to provide for their child with Erb’s palsy. A lawsuit can also hold medical professionals accountable for their actions. A qualified Erb's palsy lawyer will guide a family through the legal process.

The condition is caused by the damage to a nerve bundle in the arm and shoulder called the brachial complex. The most prominent symptom of Erb's paralysis is typically an inability to elevate the affected arm above the head. It might be a challenge to bend the elbow or place the hand in an "waiter's tip" position. If both the upper and lower nerves have been injured the patient could be suffering from a severe form of brachial palsy.

It's usually the result of a medical mistake during a difficult birth. Shoulder dystocia, for instance is when the baby's shoulders are stuck in the birth canal. Doctors may use forceps, or a vacuum extractor to deliver the infant, but this can stretch the nerves, causing Erb's palsy.

A successful Erb’s palsy suit could result in compensation for the victim's treatment now and in the future, including physical therapy and occupational therapy, surgery and equipment. Compensation can also compensate for lost wages and suffering and pain.

Statute of limitations

The cost of caring for an Erb's palsy child can be exorbitant. Compensation from a settlement can assist families with these costs. Settlements can assist families with medical expenses and other essentials throughout your child's life. The worth of your child's case will be based on the severity of their injuries and how much treatment they will require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and then defend it in an investigation.

A majority of birth injury lawsuits are settled outside of court, rather than going to trial. This is because it may be more expensive and time-consuming to fight for your rights during a trial. However, if your legal team can prove that the healthcare professional was unreasonably and their negligence resulted in your child's injury it could be possible to obtain a substantial settlement.

If you suspect that your child's shoulder injury was caused by medical malpractice, it is important to contact an experienced Erb's Palsy lawyer as quickly as you can. Each state has a statute of limitation that sets the time limit for when you have to file your claim. If you don't file by this deadline and you do not file your claim, you forfeit your right to sue forever. For this reason, it is important to schedule a free consultation as soon a time as you can.

Mediation

While a child with Erb's palsy cannot be completely cure, treatment can improve their quality of life. Physical therapy is a crucial part of the recovery, as it helps to restore mobility and strengthen the muscles of the hand and arms. This is only beneficial if the nerves have not been ruptured or torn. If they were, then surgery may be needed.

The root reason for Erb's palsy is damage to the brachial nerves that run through the neck and shoulder. This is typically caused by shoulder dystocia, Erb's Palsy lawyer a birthing complications. This may occur when a child is trapped beneath the pelvic bone of the mother. To try to get the baby out, medical personnel often use excessive traction or pressure on the infant's head, which could cause damage to the nerves and spinal cord.

A doctor who was negligent in treating the condition can be held liable for the injury. A settlement can be used to pay for future medical expenses and treatment costs depending on the severity of the injury.

It is crucial to find an attorney with experience in dealing with birth injury cases. These lawsuits are extremely complex and require a thorough investigation of the medical records of the victim. The limitations period in states can differ and must be adhered to.

Trial

If medical negligence is the root cause of Erb's palsy, the victims may be entitled compensation for their child’s medical expenses, income loss, and pain and discomfort. A lawyer who has experience with birth injury lawsuits can assist families to receive the justice they deserve.

The brachialplexus is a muscle that can be injured and result in permanent and severe damage to the brachialplexus. In certain cases they can cause paralysis. This type of nerve injury usually occurs during labor that is difficult, when a baby is oversized or in a breech position. When the doctor uses force to deliver the baby the shoulder may get stuck behind the pelvic bone, which can compress or stretch the shoulder nerves. This is called shoulder dystocia and can result in Erb's Palsy.

In this stage your lawyer will gather evidence to support your case. This may include medical reports in writing. The legal team of the defendant will also gather evidence to prove their side of the case, including witness depositions and additional medical records.

Once all the evidence is gathered, lawyers will try to reach an agreement. Usually, both sides agree to a sum of funds and the case will be closed at this point. 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 determine whether the defendant is responsible for your child's injuries.