Erb's Palsy Legal Defense
An error in childbirth may damage the nerve system of a baby’s neck and shoulder. This injury, known as Erb's Palsy, can cause long-term complications for the affected arm.
A brachial-plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit may also make medical professionals accountable and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit may assist a family to receive the financial compensation they need to care for a child with Erb's Palsy. The lawsuit may also hold medical professionals responsible for their actions. A qualified lawyer for Erb's palsy can assist a family through the legal procedure.
The condition is caused when the brachialplexus, which is a nerve bundle that connects the arm and shoulder, is damaged. The most prominent symptom of Erb's syndrome is an inability to elevate the affected arm above the head. You may also find it difficult to bend your elbow or place your hand in an "waiter tip" position. If both upper and lower nerves have been damaged the patient may be suffering from a severe form of brachial palsy.
It's usually the result of an error made by the doctor during a difficult birth. For example the baby's shoulder can get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may use forceps or a vacuum extractor to deliver the infant but this can stretch the nerves and result in Erb's palsy.
A successful Erb's Palsy lawsuit can result in compensation for the patient's treatment currently and in the future that includes occupational therapy, physical therapy surgeries, and other equipment. Compensation can cover lost wages as well as pain and suffering, and even lost wages.
Statute of limitations
The costs of caring for a child suffering from Erb's palsy can be astronomical. Compensation from a settlement can assist families with these costs. Although a settlement will not reverse the injury that your child suffered, it can aid in the cost of medical treatment and other necessities for the rest of their lives. The value of your child's case will be determined by the extent of their injuries and how much future treatment they might require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the value and then present it at an initial trial.
The majority of birth injury lawsuits end up in court, instead of going to trial. This is because it can be more expensive and time-consuming to defend your rights in trial. However, if your legal team can prove that the healthcare professional acted unreasonably and that their negligence caused the injury of your child it could be possible to negotiate a significant settlement.
You should consult with an experienced Erb's Palsy lawyer as quickly as you suspect that the shoulder injury sustained by your child was due to medical negligence. Each state has a statute that restricts the time you have to file an action. If you miss this deadline, you will lose your right to sue for ever. This is why it is important to set up a free consultation as soon a time as you can.
Mediation
Although a child's quality of life can be improved, Erb's Palsy cannot be cured. Physical therapy is an important part of the recovery process to help restore range of motion and strengthen the muscles in the arms and hands. This is only beneficial when the nerves haven't been torn or ruptured. If erb's palsy law firm carlsbad were, surgery might be required.
The underlying cause of Erb's syndrome is the damage to the brachial nerves of the plexus in the neck and shoulder. It is usually caused by a problem during delivery known as shoulder dystocia. It can happen when a baby gets stuck under the mother's pelvic bone (scapula). To try to get the baby out, medical staff often use excessive traction and force on the infant's head which can cause damage or injury to the nerves and spinal cord.
A doctor who failed to treat the condition could be held responsible for the injury. Depending on the severity the injury and the expected medical costs, a settlement can cover the cost of treatments and other expenses.
It is important to hire an attorney who is experienced in dealing with birth injury cases. These lawsuits can be complicated and require extensive research into the medical records of the victim. Additionally the statute of limitations could vary in every state and must be carefully followed.
Trial
If the Erb's palsy is caused by negligence in the medical field, victims could be entitled to compensation for medical expenses incurred by their child or loss of income and suffering. A lawyer who has expertise in lawsuits involving birth injuries can help families receive the justice they deserve.
Injuries to the brachial nerve can cause permanent and severe damage to the brachial plexus. In some instances they can result in paralysis. This type of injury occurs when a baby is placed in an elongated or breech position, or during an extremely difficult delivery. When the doctor uses force to deliver the infant the shoulder may become trapped behind the pelvic bone, which can compress or stretch the shoulder nerves. This is called shoulder dystocia. It could result in Erb's Palsy.
In this phase your lawyer will gather evidence to support your case. This could include written reports from medical experts. The legal team of the defendant will gather evidence to support their side of a case such as witness depositions and additional medical documents.
Once all evidence has been gathered, the lawyers will seek to reach a settlement. In the majority of cases the parties will agree on a specific amount. The lawsuit will be over. If the defendant is unwilling to settle the matter and the case goes to court. During a trial, a jurors and the judge will consider both sides' arguments, and then decide whether the defendant was accountable for your child's injuries.