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Erb's Palsy Legal Defense
A medical error during childbirth can damage the nerve system in the neck and shoulder of a newborn baby. This type of injury is known as Erb's palsy and can cause long-term complications for the affected arm.
A brachial plexus injury lawsuit could help families receive financial compensation and justice. A successful lawsuit can also ensure that medical professionals are accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit may aid a family in receiving the financial compensation needed to provide for their child suffering from Erb's Palsy. The lawsuit may also hold the medical professionals responsible for their actions. A lawyer with experience in the field of Erb's palsy can assist families navigate the legal process.
The condition is caused by the damage to a nerve bundle in the arm and shoulder known as the brachial nerve plexus. The first sign of the condition is the inability of lifting the affected arm above your head. You may also find it difficult to bend your elbow or put your hand in a "waiter tip" position. If both the upper and lower nerves are injured the person could suffer from a severe type of brachial palsy.
It's typically the result of a medical mistake during a difficult birth. For instance the baby's shoulders could get stuck in the birth canal, a condition known as shoulder dystocia. Doctors may use forceps or an extractor vacuum to deliver the infant however this could stretch the nerves, causing Erb's palsy.
A successful suit for Erb's palsy can result in compensation to pay for the victim's medical treatment now and in the future, which includes occupational therapy and physical therapy, as well as surgery and other equipment. Compensation could also pay for lost wages, as well as suffering and pain.
Statute of limitations
The cost of caring for a child suffering from Erb's Palsy can be exorbitant. A settlement could help families cover the costs. A settlement can aid families in paying for medical care and other necessities throughout the course of your child's life. The value of your child's case will be based on the extent of their injuries and how much treatment they will require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the worth and present it at an initial trial.
A majority of birth injury lawsuits are settled out of court rather than going to trial. It can be costly and time-consuming for you to fight your rights in court. If your legal team can show that the healthcare professional's negligence and acted in a way that was unreasonable, they may be successful in obtaining a large settlement.
You should contact an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was caused by medical negligence. Every state has a statute that limits the time in which you must file a claim. If you do not file your claim by the deadline, you will lose your right to sue for ever. It is for this reason that it is important to schedule a consultation as soon as you are able to.
Mediation
Although a child with Erb's Palsy can't be totally cure, treatment can improve their quality of life. Physical therapy is a crucial aspect of the recovery process in that it can help restore movement and strengthen the muscles of the arms and hands. This can only be beneficial when the nerves haven't been torn or ruptured. If they were, surgery may be required.
erb's palsy law firm carlsbad of Erb's syndrome is damage to the brachial nerves that run through the shoulder and neck. It is usually caused by shoulder dystocia. It is a birthing complication. It is a condition that occurs when a baby becomes stuck beneath the pelvic bone of the mother (scapula). In an effort to remove the baby, medical personnel may use excessive force and pressure on the skull of the infant which could cause damage to the spinal cord and nerves.
A doctor who has been negligent in treating this problem can be held accountable for the injuries. A settlement could pay for future medical costs and treatment expenses based on the severity of an injury.
It is crucial to find an attorney with experience in handling birth injury cases. These lawsuits can be complicated and require extensive research into the medical records of the victim. Moreover, the statute of limitations can vary in every state and must be carefully observed.
Trial
If medical negligence is a cause of the condition, the victims could be entitled to compensation for their child's medical expenses, income loss, as well as pain and discomfort. An experienced lawyer who has handled birth injury cases can help families get the justice they deserve.
Abrachialplexus injury can result in permanent and severe damage to the brachialplexus. In certain instances, these injuries can cause paralysis. This type of injury can occur when a baby is placed in the breech or in a large position or during the difficult delivery. If a doctor is using excessive force to deliver a baby the shoulder can become caught behind the mother’s pelvic bone, which causes the shoulder nerves to be compressed, stretched or torn. This is known as shoulder dystocia and can cause Erb's palsy.
During this stage your lawyer will gather evidence to support your case. This could include written reports from medical specialists. The legal team of the defendant will also gather evidence for their side, including depositions from witnesses and medical documents.
Once all evidence has been obtained, the attorneys will try to reach an agreement. Usually, both sides agree to a specific amount of money and the lawsuit will be closed at this point. If the defendant refuses to settle the matter then it will be referred to the court. During the trial, the jury and judge will consider both sides and decide whether the defendant is responsible for the injuries your child sustained.