Erb's Palsy Legal Defense
A medical error during childbirth may damage the nerve network of the neck and shoulder area of a newborn's. This injury, commonly referred to as Erb's Palsy, can cause long-term complications in the affected arm.
A brachial plexus injury lawsuit could assist families to receive financial compensation and justice. A successful lawsuit can also keep medical professionals accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit could help a family get the financial compensation they require to take care of a child with Erb's Palsy. A lawsuit may also make medical professionals accountable for their actions. A lawyer who is experienced in the field of Erb's Palsy may be able to help a family navigate the legal process.
The condition occurs when the brachialplexus, a bundle of nerves that connects the arm and shoulder is damaged. The first sign of Erb's Palsy is the inability to lift the affected arm above your head. It can also be difficult to bend your elbow or place your hand in the "waiter tip" position. If both the upper and lower nerves are damaged the patient may suffer from a more severe version of the condition referred to as global or total brachial plexus palsy.
It's usually the result of a medical mistake during a difficult birth. Shoulder dystocia, as an example is when the baby's shoulders are stuck in the birthing canal. Doctors can use forceps to deliver an infant or use a vacuum extraction tool, but this could stretch nerves which can cause Erb's palsy.
A successful Erb's Palsy lawsuit could result in compensation for a victim's ongoing and future treatment such as occupational therapy, physical therapy, surgery, and special equipment. Compensation can also be used to pay for lost wages as well as pain and suffering.
Statute of limitations
The cost of caring for a child who suffers from Erb's syndrome can be enormous. A settlement can help families cover these expenses. A settlement can help families pay for medical treatment and other necessities throughout the life of your child. The value of your child's case will be based on the extent of their injuries and the amount of treatment they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and present it during an initial trial.
Most birth injury lawsuits settle out of court instead of going to trial. It can be costly and time-consuming for you to fight your rights in court. If your legal team can demonstrate that the healthcare professional acted unreasonably and their negligence resulted in your child's injury They may be able to win you a substantial settlement.
You should consult with an experienced Erb's palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was a result of medical negligence. Each state has its own statute of limitations that imposes a limit on how long you must file your claim. If you do not file your claim by the deadline then you lose your right to sue for ever. It is essential to schedule your free consultation as quickly as possible.
Mediation
While a child with Erb's Palsy can't be totally cure, treatment can improve their quality of life. Physical therapy is an important element of recovery in that it can help restore motion and strengthens the muscles in the arms and hands. However, this will only help if the muscles are not torn or ruptured. If they were, surgery might be required.
The underlying cause of Erb's syndrome is abrachial muscles in the shoulder and neck. This is typically caused by shoulder dystocia, which is a birthing complication. This can happen when a baby is stuck in the pelvic bone of a mother's birth. In an effort to remove the baby, medical staff may use excessive force and use traction on the skull of the infant which can cause damage to the spinal cord and nerves.
A doctor who was negligent in treating this disease can be held responsible for the injuries. Depending on the severity the injury and the projected medical expenses the settlement could pay for treatment and other expenses.
It is crucial to find a lawyer who has experience in handling birth injury cases. These lawsuits are often complicated and require a lot of research into the medical records of the victim. The statute of limitations in each state can be different and must be followed.
Trial
If medical negligence is the root cause of Erb's palsy, the victims could be entitled to an award for their child's medical expenses, lost income, as well as discomfort and pain. An attorney with experience in birth injury cases can assist families receive the justice they deserve.
Injuries to the brachialplexus could result in permanent and serious damage. In certain instances the injuries may cause paralysis. erb's palsy attorney garden grove of nerve injury usually occurs in the event of a difficult birth when a baby is oversized or in a breech position. When doctors use force to deliver the baby the shoulder may get trapped behind the pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia and can cause Erb's Palsy.
In this stage the lawyer will collect evidence to support your case. This could include written reports from medical specialists. The legal team of the defendant will collect evidence to support their side of the case such as witness depositions and additional medical documents.
After all evidence has been obtained, the attorneys attempt to reach an agreement. In the majority of cases the parties will agree to a certain amount. The lawsuit will then be concluded. If the defendant doesn't settle the matter then it will be referred to court. During the trial the judge and jury will listen to both sides and decide whether the defendant is accountable for your child's injuries.