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Erb's Palsy Legal Defense

A medical error made during childbirth can cause damage to the nerve network of the neck and shoulder of a newborn baby. This injury, referred to as Erb's'Palsy', can cause long-term problems in the affected arm.

A brachial plexus injury lawsuit could provide families with justice and financial compensation. A successful lawsuit could also keep medical professionals accountable and avoid future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family receive the financial relief they need to provide care for a child suffering from Erb's palsy. A lawsuit may also hold medical professionals accountable for their actions. A qualified Erb's palsy lawyer can guide a family through the legal procedure.

The condition is caused by the damage to a nerve bundle in the shoulder and arm known as the brachial nerve plexus. The most prominent symptom of Erb's palsy is usually an inability to raise the affected arm above the head. It can also be difficult to bend your elbow or put your hand in a "waiter tip" position. If both upper and lower nerves have been damaged the person could suffer from a severe type of brachial palsy.

It's usually caused by an error Erb's palsy lawyer made by an obstetrician during a difficult birth. For example the baby's shoulders may get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can employ forceps to give birth to a baby or erb's Palsy lawyer a vacuum extraction tool, but this may stretch the nerves causing Erb's Palsy.

A successful Erb's palsy lawsuit can result in compensation for the victim's current and future treatment which includes physical therapy, occupational therapy and surgery, as well as 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 an Erb's Palsy child can be enormous. Settlements can assist families with these costs. While a settlement can't undo the injury that your child suffered but it can allow you to pay for medical treatments and other necessities for the rest of their life. The value of your case will be contingent on the extent of your child's injuries as well as the amount of future care that they may require. Your MA erb's palsy attorneys Palsy Lawyer will work with your doctor to determine this value and present it during a trial.

Most birth injury lawsuits end up in court, instead of going to trial. This is because it can be more expensive and time-consuming to fight for your rights in trial. However, if your legal team can demonstrate that the healthcare professional was unreasonably and their negligence led to the injury to your child it could be possible to obtain a substantial settlement.

If you think the shoulder injury your child suffered was due to medical negligence it is imperative to consult a reputable erb's palsy lawyer - discover this info here - as quickly as you can. Each state has a statute of limitations that sets the time frame for when you have to make a claim. You'll lose your right to sue if you miss this deadline. For this reason, it is essential to schedule a consultation as soon as you are able to.

Mediation

Although a child's quality life can be improved, the condition Erb's Palsy cannot be treated. Physical therapy is an essential part of the recovery process and helps to restore motion and strengthens the muscles in the hands and arms. However, it can only be beneficial if the nerves are not torn or ruptured. If they were, then surgery may be necessary.

The root cause of Erb's palsy is the damage to the brachial nerves of the plexus in the neck and shoulder. This is most commonly caused by a condition that occurs during delivery known as shoulder dystocia. It can occur when a child gets stuck in the pelvic bone of a mother's birth. In the effort to free the baby, medical staff may apply excessive force and pressure 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 could be held accountable for the injury. Depending on the severity of the injury and the projected medical costs the settlement could cover the cost of treatments and other expenses.

It is vital to choose an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits can be complicated and require extensive research into the medical records of the victim. In addition the statute of limitation can vary in every state, and must be observed.

Trial

If the Erb's palsy is caused by medical negligence, victims could be entitled to compensation for medical expenses incurred by their child and income loss and suffering. A lawyer with experience in bringing lawsuits for birth injuries will assist families in getting the justice they deserve.

The brachialplexus is a muscle that can be injured and result in permanent and serious damage to the brachialplexus. In some cases these injuries can result in paralysis. This type of nerve injury typically occurs in the event of a difficult birth when a baby is large or in a breech posture. When a physician uses a lot of 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 known as shoulder dystocia, and can result in Erb's Palsy.

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

Once all the evidence has been gathered, the lawyers will seek to negotiate a settlement. Usually, both sides agree to a sum of funds and the case will end at this point. If the defendant doesn't settle the matter the case will be taken to court. In a trial, the jury and judge will listen to both sides' arguments and decide whether the defendant is responsible for the injuries your child sustained.