Erb's Palsy Legal Defense
A medical mistake during childbirth could damage the nerve system of the baby's neck and shoulder. This injury, known as Erb's palsy, could 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 could also make medical professionals accountable and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit can aid a family in obtaining the financial compensation they require to provide care for a child suffering from Erb's palsy. A lawsuit could also ensure that medical professionals are held accountable for their actions. A lawyer who is experienced in the field of Erb's palsy can assist families navigate the legal process.
The condition develops when the brachialplexus, a nerve bundle that connects the arm and shoulder, is damaged. The first sign of the condition is the inability to raise the affected arm above your head. You may also find it difficult to bend your elbow or put your hand in the "waiter tip" position. If both the upper and lower nerves have been injured the person could suffer from a severe case of brachial palsy.
It's usually the result of a mistake made by doctors during a challenging birth. Shoulder dystocia, for instance is when the baby's shoulders are stuck in the birth canal. Doctors may use forceps or an extractor vacuum to deliver the baby however, this can cause stretching of the nerves and lead to Erb's palsy.
A successful Erb’s palsy suit could result in compensation to cover the treatment of the victim now and in the future, which includes physical therapy and occupational therapy, surgery and equipment. Compensation could cover lost wages or pain and suffering as well as even lost wages.
Statute of limitations
The cost of caring for a child with Erb's syndrome can be enormous. Settlements can aid families in paying the costs. While a settlement cannot undo the damage your child sustained however, it could assist you in paying for medical treatment and other necessities for the remainder of their life. The value of your child's claim will be based on the severity of their injuries as well as how much treatment they might require. Your MA Erb’s Palsy Lawyer and doctor will decide the value of your case, which they will present at a trial.
Most birth injury lawsuits settle out of court rather than going to trial. This is due to the fact that it can be more costly and time-consuming to defend your rights in a trial. If your legal team is able to show that the healthcare professional's negligence and acted in a way that was unreasonable, they may be successful in obtaining a substantial settlement.
You should contact an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was a result of medical negligence. Every state has a statute of limitations that imposes the time frame for when you must file a claim. You'll lose the right to sue if miss this deadline. For this reason, it is imperative to schedule a free consultation as soon a time as you can.
Mediation
Although a child's quality of life can be improved, Erb's Palsy is not curable. Physical therapy is an essential element of recovery because it can help restore range of movement and strengthen the muscles of the hands and arms. erb's palsy attorneys lawton can only be beneficial in the event that the nerves haven't ruptured or torn. If they were, surgery might be required.
The underlying cause of Erb's Palsy is the damage to the brachial nerves of the plexus in the shoulder and neck. This is typically caused by shoulder dystocia. It is a birthing complication. It can occur when a baby gets stuck beneath the pelvic bone of the mother. In an attempt to get the baby out, medical professionals often use excessive traction or pressure on the head of the infant, which could cause damage to the spinal cord and nerves.
A doctor who was negligent in treating the condition could be held accountable for the injury. Settlements can be used to cover future medical expenses and treatment expenses based on the severity of the injury.
It is important to hire a lawyer who has experience in dealing with birth injury cases. These lawsuits can be complicated and require a thorough investigation of the medical records of the victim. The statute of limitations in each state can be different and must be observed.
Trial
If medical negligence is the reason of Erb's Palsy, 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 get the justice they deserve.
Injury to the brachialplexus can result in permanent and severe damage to the brachialplexus. In certain instances they can lead to paralysis. This type of injury occurs when a baby is in an elongated or breech position, or during an uneasy delivery. If a doctor applies excessive force to deliver a baby the shoulder can become trapped behind the mother's pelvic bone, leading to the shoulder nerves to become stretched, compressed or torn. This is called shoulder dystocia. It can also cause Erb's palsy.
During this phase, your lawyer will gather evidence to support your case, such as written reports from medical experts. The legal team of the defendant will collect evidence to back their side of the story such as witness depositions and additional medical documents.
Once all evidence has been collected, the lawyers will attempt to reach a settlement. Usually, both sides will agree to a specific amount of money and the lawsuit will be concluded at this point. If the defendant is unwilling to settle the case, it will go to court. During the trial, the jury and judge will examine both sides and determine whether the defendant is responsible for your child’s injuries.