Erb's Palsy Legal Defense

A mistake made during childbirth can damage the nerve system of a baby’s neck and shoulder. This condition, also known as Erb's palsy, could cause long-term complications for the affected arm.

A brachial plexus injury lawsuit could aid families in receiving justice and financial compensation. A successful lawsuit could also keep medical professionals accountable and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit could assist a family to receive the financial compensation they need to care for their child with Erb’s palsy. The lawsuit could also hold medical professionals responsible for their actions. A qualified dayton erb's palsy law firm palsy lawyer will guide a family through the legal process.

The condition is caused by the damage to a bundle of nerves in the shoulder and arm known as the brachial nerve plexus. The first symptom of Erb's Palsy is typically an inability to lift the affected arm above the head. It may also be difficult to bend your elbow or position your hand in an "waiter tip" position. If both the upper and lower nerves are injured the patient could suffer from a more severe version of the condition known as total or global brachial plexus palsy.

It's usually the result of a medical mistake during a difficult delivery. For instance the baby's shoulder can get stuck in the birth canal, which is known as shoulder dystocia. Doctors may use forceps or an extractor vacuum to deliver the baby however this could stretch the nerves and result in Erb's palsy.

A successful lawsuit for Erb's palsy can result in compensation for a victim's ongoing and future treatment, including occupational therapy, physical therapy or surgery, as well as other equipment. Compensation could also cover lost wages and pain and suffering.

Statute of limitations

The cost of caring for a child diagnosed with erb's palsy law firm palsy can be astronomical. A settlement can help families pay for the costs. A settlement can aid families in paying for medical care and other necessities throughout your child's life. The value of your case will depend on the extent of your child's injuries, as well as the amount of future treatment that they may require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and present it during a trial.

A majority of birth injury lawsuits are settled out of court instead of going to trial. It can be costly and time-consuming for you to fight your rights in court. However, if your legal team can demonstrate that the healthcare professional acted in a way that was unreasonable and their negligence led to the injury to your child, they may be able to obtain a substantial settlement.

If you believe that your child's shoulder injury was the result of medical malpractice it is imperative to speak with an experienced Erb's Palsy lawyer as quickly as possible. Each state has a statute of limitation that sets a limit on how long you have to file your claim. You'll lose your right to sue if you don't meet this deadline. It is for this reason that it is imperative to schedule a free consultation as soon as you can.

Mediation

While children with Erb's Palsy can't be totally cured, treatment can help improve their quality of life. Physical therapy is a vital element of recovery because it can help restore range of movement and strengthen the muscles of the hands and arms. This can only be helpful when the nerves haven't been ruptured or Erb's Palsy lawyer torn. If they were, surgery might be required.

The root cause of Erb's palsy is the damage to the brachial muscles in the neck and shoulder. This is caused most commonly by shoulder dystocia. It is a birthing complications. This can occur when a baby is stuck beneath the pelvic bone of the mother (scapula). In order to free the baby, medical professionals may apply excessive force and use traction on the skull of the infant which can cause damage to the spinal cord and nerves.

A doctor who has been negligent in treating this problem can be held accountable for the injury. Depending on the severity the injury and the anticipated medical expenses, a settlement could pay for treatment and other expenses.

It is essential to find an experienced lawyer who knows how to handle a birth-related injury case. These lawsuits can be complex and require extensive investigation into the medical records of the victim. The statute of limitations in every state is different and must be adhered to.

Trial

If medical negligence is the reason of the condition, the victims could be entitled to an award for their child's medical expenses, income loss, and pain and discomfort. A lawyer with experience in bringing lawsuits for birth injuries can help families receive the justice they deserve.

Injury to the brachialplexus can result in permanent and serious damage. In some instances they can result in paralysis. This kind of injury occurs when a baby is placed in an open or large position or is experiencing the difficult delivery. When a physician uses a lot of force to deliver an infant the shoulder could become stuck behind the pelvic bone, causing the shoulder nerves to become stretched, compressed, or torn. This is known as shoulder dystocia, and can result in Erb's Palsy.

During this phase your lawyer will begin gathering evidence to support your case, such as written reports from medical experts. The lawyer representing the defendant will also gather evidence for their side of the argument, including depositions from witnesses and other medical records.

Once all the evidence has been collected, the lawyers will attempt to reach an agreement. In the majority of cases, both parties will agree on a specific amount. The lawsuit will be concluded. If the defendant does not agree to settle, the case goes to trial. During the trial the judge and jury will hear both sides and decide whether the defendant is responsible for your child's injuries.