Erb's Palsy Legal Defense

An error in childbirth may damage the nerve network in the neck and shoulder of a newborn baby. This condition is known as Erb's palsy. It can cause long-term complications for the affected arm.

A lawsuit for brachial plexus injuries will allow families to receive justice and financial compensation. A successful lawsuit can bring medical professionals to account and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit may help a family receive the financial compensation they require to care for their child with Erb's Palsy. A lawsuit can also hold medical professionals accountable for their actions. A qualified Erb's Palsy lawyer can assist a family through the legal procedure.

The condition occurs when the brachialplexus, which is a nerve bundle that runs through the arm and shoulder is damaged. The most prominent symptom of Erb's palsy is usually an inability to raise the affected arm over the head. It may also be difficult to bend your elbow or put your hand in an "waiter tip" position. If both the upper and lower nerves have been damaged the patient may suffer from a severe form of brachial palsy.

It's usually the result of a mistake made by an obstetrician during a difficult birth. Shoulder dystocia for instance is when the shoulders of the baby are stuck in the birthing canal. Doctors may use forceps to deliver a baby or a vacuum extraction tool, however this may stretch the nerves causing Erb's Palsy.

A successful Erb's Palsy lawsuit can result in compensation for the patient's treatment currently and in the future that includes physical therapy, occupational therapy, surgery, and special equipment. Compensation may also be used to pay for lost wages as well as pain and suffering.

Statute of limitations

The cost of caring for a child diagnosed with Erb's Palsy can be exorbitant. Settlements can assist families with the costs. While a settlement won't be able to repair the harm your child sustained but it can aid in the cost of medical treatment and other necessities for the rest of their life. The value of your child's case will be based on the severity of their injuries and the amount of treatment they will require. Your MA Erb’s Palsy Lawyer and your doctor will decide the value of your case, which they will present during a trial.

A majority of birth injury lawsuits are settled outside of court instead of going to trial. This is because it may be more costly and time-consuming to fight for your rights during a trial. However, if your legal team can prove that the healthcare professional acted in a way that was unreasonable and their negligence led to the injury of your child and/or death, they could be able to negotiate a significant settlement.

If you suspect that your child's shoulder injury was the result of medical malpractice It is crucial to contact an experienced Erb's palsy lawyer as soon as you can. Each state has its own statute of limitation that sets the time frame for when you must submit your claim. If you miss this deadline, you will lose your right to sue forever. It is for this reason that it is important to schedule a consultation as soon as you are able to.

Mediation

While a child's quality of life can be improved, Erb's ailment cannot be treated. Physical therapy is an important component of recovery, because it can help restore range of movement and strengthen the muscles of the arms and hand. However, this can only help if the muscles are not torn or ruptured. If they were, surgery may be necessary.

The brachial nerves in the shoulder and Erb's palsy neck are damaged. This is typically caused by shoulder dystocia, which is a birthing complications. This can occur when a baby is stuck beneath the pelvic bone of the mother (scapula). In an effort to remove the baby, medical staff may 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 this condition can be held liable for the injury. Based on the severity the injury and the estimated future medical expenses the settlement could be used to pay for treatments and other expenses.

It is essential to choose an attorney with experience in handling birth injury cases. These lawsuits are extremely complex and require extensive research into the medical records of the victim. Furthermore, the statute of limitation can vary from state to state and must be carefully observed.

Trial

If medical negligence is the reason of Erb's Palsy, patients may be entitled the right to compensation for their child's medical expenses, income loss, and pain and discomfort. A lawyer with experience in birth injury cases can assist families get the justice they deserve.

Injuries to the brachial plexus can result in permanent and severe damage. In some instances these injuries can result in paralysis. This type of nerve injury usually occurs during a difficult birth when the baby is large or is in a breech position. When a doctor makes use of force to deliver the baby the shoulder may become caught behind the mother's pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia, and can lead to Erb's Palsy.

In this stage your lawyer will collect evidence to support your case. This could include written reports from medical specialists. The lawyer representing the defendant will also gather evidence to support their side of the argument, including depositions from witnesses as well as additional medical documents.

After all evidence has been obtained, the attorneys will try to reach an agreement. Usually, Erb's Palsy both sides will agree to a specific amount of money and the case will be closed at this point. However, if the defendant doesn't agree to settle the case, it will go to trial. During a trial, a jurors and the judge will consider both sides' arguments, and then decide whether the defendant is accountable for the injuries your child sustained.