Erb's Palsy Legal Defense
A medical error made during childbirth may damage the nerves' network in the neck and shoulder area of a newborn's. This injury, known as Erb's'Palsy', can cause long-term complications in the affected arm.
A lawsuit for brachial plexus injuries will allow families to receive justice and financial compensation. A successful lawsuit can ensure that medical professionals are accountable and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit could aid a family in receiving the financial compensation required to provide care for their child with Erb’s palsy. A lawsuit could also bring medical professionals to account for their actions. A qualified Erb's Palsy lawyer will guide a family through the legal process.
The condition is caused by the damage to a nerve bundle in the arm and shoulder called the brachial plexus. The first sign of Erb's Palsy is the inability to lift the affected arm above your head. It could be a challenge to bend the elbow or place the hand into an "waiter's tip" position. If both lower and upper nerves have been injured the patient may be suffering from a severe form of brachial palsy.
It's usually caused by a mistake made by a doctor during a difficult birth. For example the baby's shoulders may become stuck in the birth canal, a condition referred as shoulder dystocia. Doctors may employ forceps or a vacuum extractor to deliver the infant but this can stretch the nerves and lead to Erb's palsy.
A successful suit for Erb's palsy can result in compensation for the treatment of the victim now and in the future, which includes occupational therapy and physical therapy, surgery and equipment. Compensation could also be used to pay for lost wages as well as pain and suffering.
Statute of limitations
The costs of caring for a child suffering from Erb's palsy can be staggering. A settlement can aid families in paying the costs. A settlement can help families pay for medical treatment and other necessities throughout your child's life. The value of your child's claim will be determined by the extent of their injuries as well as how much future treatment they will require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and then defend it in the trial.
The majority of birth-related injury lawsuits are settled outside of court, rather than going to trial. It can be expensive and time-consuming to fight your rights in court. If erb's palsy lawyer billings 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.
If you suspect that the shoulder injury your child suffered was caused by medical malpractice, it is important to speak with an experienced erb's palsy attorney as soon as you can. Each state has its own statute of limitations which sets the time frame for when you must make a claim. You will lose the right to sue if you do not meet this deadline. This is why it is important to schedule a free consultation as soon a time as you can.
Mediation
While children with Erb's syndrome can't be completely cure, treatment can improve their quality of life. Physical therapy is a crucial part of the recovery process, as it helps restore range of movement and strengthen the muscles in the arms and hands. This can only be beneficial in the event that the nerves haven't been ruptured or torn. If they were, surgery may be necessary.
The brachial nerves in the shoulder and neck are damaged. This is most often caused by a problem during the birth process known as shoulder dystocia. This can occur when a newborn is trapped beneath the pelvic bone of the mother (scapula). In order to help get the baby free, medical professionals often use excessive traction or pressure on the infant's head, which can cause damage or injury to the nerves and spinal cord.
A doctor who was negligent in treating this disease can be held responsible for the injuries. Depending on the severity of the injury and the anticipated medical costs, a settlement could pay for treatment and other expenses.
It is important to hire an attorney with experience in handling birth injury cases. These lawsuits are often complicated and require extensive research into the victim's medical records. The limitations period in every state is different and must be complied with.
Trial
If medical negligence is a cause of Erb's Palsy, victims may be entitled compensation for their child's medical expenses, lost income and pain and discomfort. An experienced lawyer who has handled birth injury cases can assist families receive the justice they deserve.
Injuries to the brachialplexus could result in permanent and serious damage. In some cases, these injuries can cause paralysis. This type of injury happens when a baby is placed in an open or large position, or during an extremely difficult delivery. When a doctor makes use of force to deliver the infant the shoulder may become stuck behind the pelvic bone and compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia. It may also lead to Erb's Palsy.
During this stage the lawyer will gather evidence for your case, such as written reports from medical experts. The legal team of the defendant will collect evidence to support their side of the case including witness depositions as well as additional medical documents.
After all the evidence has been taken into consideration, the lawyers attempt to reach an agreement. In most cases, both parties will agree on a set amount. The lawsuit will be over. If the defendant does not settle the matter then it will be referred to the court. During the trial the judge and jury will consider both sides and decide whether the defendant is responsible for the injuries your child sustained.