Erb's Palsy Legal Defense

A medical error made during childbirth can damage the network of nerves in the neck and shoulder area of a newborn's. This type of injury is known as Erb's palsy and can cause long-term issues for the affected arm.

A lawsuit for brachial plexus injuries can help families receive justice and financial compensation. A successful lawsuit can also make medical professionals accountable and avoid future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may assist a family to receive the financial compensation they need to provide care for a child with Erb's palsy. A lawsuit may also bring medical professionals to account for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal procedure.

The condition is caused by damage to a nerve bundle in the arm and shoulder known as the brachial plexus. The most obvious sign of Erb's palsy is usually an inability to lift the affected arm above the head. You may also find it difficult to bend your elbow or put your hand in an "waiter tip" position. If both the lower and upper nerves are damaged the patient could suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.

It's usually caused by a mistake made by an obstetrician during a difficult birth. Shoulder dystocia, Palsy for instance, is when the baby's shoulders are stuck in the birthing canal. Doctors may use forceps or vacuum extractors 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 a patient's future and current treatment that includes occupational therapy, physical therapy, surgery, and special equipment. Compensation could cover the cost of lost wages, pain and suffering, and even lost wages.

Statute of limitations

The cost of caring for a child who suffers from Erb's palsy can be astronomical. A settlement could assist families with these expenses. Settlements can assist families with medical care and other necessities throughout the course of your child's life. The worth of your child's case will be based on the extent of their injuries and the amount of future treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then defend it in an investigation.

The majority of birth injury lawsuits are settled out of court rather than going to trial. It can be costly and time-consuming to defend your rights in court. If your legal team is able to 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 suspect that the shoulder injury suffered by your child was the result of medical malpractice It is crucial to contact an experienced erb's palsy attorney as soon as possible. Every state has a law that limits the time you have to make a claim. You'll lose your right to sue if you don't meet this deadline. It is essential to book your free consultation as soon as possible.

Mediation

While a child with Erb's palsy cannot be completely treated, it can improve their quality of life. Physical therapy is an essential aspect of the recovery process, as it helps restore motion and strengthen the muscles of the hands and arms. This is only helpful if the nerves have not ruptured or torn. If they were, surgery might be required.

The root cause of Erb's palsy is damage to the brachial muscles in the neck and shoulder. This is most often caused by shoulder dystocia. It is a birthing complication. It can happen when a baby becomes stuck beneath the pelvic bone of the mother (scapula). In order to free the baby, medical professionals might use excessive force and use traction on the skull of the infant which could cause damage to the spinal cord and nerves.

A doctor who is negligent in treating the condition may be held accountable for the injury. Depending on the severity the injury and the projected medical expenses, a settlement can cover the cost of treatment and other expenses.

It is vital to choose an experienced lawyer who knows how to handle a birth injury case. These lawsuits can be complicated and require a lot of research into the victim's medical records. The time limits in states can differ and must be adhered to.

Trial

When Erb's palsy is caused by negligence in the medical field, victims may be entitled to compensation for medical expenses incurred by their child or loss of income and suffering. A lawyer with experience in birth injury cases can help families get the justice they deserve.

The brachialplexus is a muscle that can be injured and result in permanent and severe damage. In certain instances these injuries can result in paralysis. This type of injury can occur when a baby is placed in the breech or in a large position, or during an extremely difficult delivery. If a doctor is using excessive force to deliver an infant, the shoulder may become caught behind the mother’s pelvic bone, which causes the shoulder nerves to become stretched, compressed or torn. This is called shoulder dystocia. It may also lead to Erb's palsy.

During this phase the lawyer will gather evidence for your case, such as written reports from medical experts. The lawyer representing the defendant will also gather evidence to support their side of the case and depositions from witnesses and additional medical documents.

After all the evidence has been gathered, lawyers will try to negotiate a settlement. In the majority of cases both parties will settle on a set amount of money. The lawsuit will be closed. However, if the defendant refuses to settle, the case will go to trial. During the trial the judge and jury will hear both sides and decide whether the defendant is responsible for your child's injuries.