Erb's Palsy Legal Defense
A mistake made during childbirth can cause damage to the nerve system in the neck and shoulder of a newborn baby. The injury is known as Erb's Palsy and could cause long-term problems for the affected arm.
A brachial-plexus injury lawsuit can provide families with justice and financial compensation. A successful lawsuit can also keep medical professionals accountable and help prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit may help a family receive the financial compensation they need to care for their child with Erb's Palsy. The lawsuit can also hold the medical professionals accountable for their actions. An experienced Erb's-Palsy lawyer can guide a family through the legal procedure.
The condition develops when the brachialplexus, a bundle of nerves that runs through the arm and shoulder, is damaged. The first sign of Erb's palsy is the inability of lifting the affected arm above your head. It can also be difficult to bend the elbow or put the hand in a "waiter's tip" position. If both the upper and lower nerves are injured, the victim 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 an error made by the doctor during a difficult birth. For instance the baby's shoulders could get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can use forceps to deliver a baby or a vacuum extraction tool, however it could cause nerves to be stretched, that cause Erb's Palsy.
A successful lawsuit against Erb's paralysis can result in compensation for the patient's future and current treatment which includes occupational therapy, physical therapy, surgery, and special equipment. Compensation may cover the loss of wages as well as pain and suffering, and even lost wages.
Statute of limitations
The costs of caring for a child diagnosed with Erb's syndrome can be enormous. Settlements can aid families in covering these costs. A settlement can aid families in paying for medical treatment and other necessities throughout the course of your child's life. The value of your case will depend on the severity of your child's injuries and the amount of future care that they may require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the value and then present it at a trial.
The majority of birth injury lawsuits are settled out of court instead of going to trial. This is because it may be more costly and time-consuming to fight for your rights during a trial. If your legal team can prove that the healthcare professional acted out of deference and that their negligence caused your child's injury, they may be able to negotiate a significant settlement.
You should consult with an experienced erb’s palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was the result of medical negligence. Each state has its own statute of limitation that sets the time frame for when you must make a claim. You will lose the right to sue if don't meet this deadline. For this reason, it is crucial to schedule a consultation as soon as you are able to.
Mediation
Although a child's overall quality of life can be improved, Erb's palsy cannot be treated. Physical therapy is an important element of recovery in that it can help restore range of motion and strengthens the muscles in the hands and arms. However, this can only be helpful if the nerves aren't ruptured or torn. If they were, surgery could be required.
The brachial nerves in the shoulder and neck are damaged. This is most often caused by a complication during the birth known as shoulder dystocia. This can occur when a newborn is trapped under the mother's pelvic bone (scapula). In order to free the baby, medical staff may resort to excessive force and use traction on the skull of the infant and cause damage to the spinal cord and nerves.
A doctor who was negligent in treating this condition can be held liable for the injuries. A settlement can pay for future medical costs and treatment costs, based on the severity of an injury.
It is important to hire a lawyer who has experience in handling birth injury cases. These lawsuits can be extremely complicated and require extensive research into the medical records of the victim. In addition the statute of limitations could change in each state and must be carefully adhered to.
Trial
If Erb's condition is caused through medical negligence, the victim could be entitled to compensation for their child's medical expenses as well as loss of income and suffering and pain. An experienced lawyer who has handled birth injury cases can assist families receive the justice they deserve.
The brachialplexus is a muscle that can be injured and cause permanent and severe damage. In some cases they may lead to 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. When a doctor makes use of force to deliver the baby the shoulder may get stuck behind the pelvic bone, which can compress or stretch the shoulder nerves. This is known as shoulder dystocia. It can also cause Erb's palsy.
During erb's palsy law firm lawton will collect evidence to support your case, including written reports from medical experts. The legal team of the defendant will collect evidence to support their case, including witness depositions and additional medical records.
After all the evidence has been gathered, the lawyers will seek to negotiate an agreement. Usually, both sides agree to a sum of money and the case will be closed at this point. However, if the defendant refuses to settle the case, it will go to trial. During the trial, the jury and judge will consider both sides and decide whether the defendant is accountable for the injuries your child sustained.