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Erb's Palsy Legal Defense
A mistake made during childbirth could damage the network of nerves in the neck and shoulder of a baby's. This type of injury is known as Erb's palsy. It can cause long-term complications for the affected arm.
A brachial plexus lawsuit can help families receive justice and financial compensation. A successful lawsuit can also keep medical professionals accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit could aid a family in obtaining the financial aid they need to provide care for a child with Erb's Palsy law Firms palsy. A lawsuit could also ensure that medical professionals are held accountable for their actions. A lawyer with experience in the field of Erb's Palsy may be able to help family members navigate the legal procedure.
The condition is caused by damage to a bundle of nerves in the shoulder and arm known as the brachial plexus. The most obvious sign of Erb's Palsy is typically an inability to raise the affected arm above the head. It could be a challenge to bend the elbow or put the hand into an "waiter's tip" position. If both the lower and upper nerves are injured the patient may suffer from a more severe version of the condition referred to as global or total brachial plexus palsy.
It's often the result of a medical mistake during a difficult delivery. For instance the baby's shoulder can get stuck in the birth canal, a condition referred as shoulder dystocia. Doctors may use forceps to deliver an infant or a vacuum extraction device, but this may stretch the nerves which can cause Erb's palsy.
A successful Erb's palsy lawsuit could result in compensation for erb's palsy law firms a patient's treatment currently and in the future, including physical therapy, occupational therapy or surgery, as well as other equipment. Compensation may cover the cost of lost wages or pain and suffering as well as even lost wages.
Statute of limitations
The cost of caring for an child can be exorbitant. Settlement settlements can aid families in covering these costs. While a settlement can't undo the damage your child sustained however, it could allow you to pay for medical treatments and other necessities for the rest of their lives. The value of your child's lawsuit will be based on the severity of their injuries as well as the amount of treatment they may need. Your MA Erb's Palsy Lawyer will work with your doctor to determine this worth and present it at the trial.
The majority of birth injury lawsuits are settled outside of court rather than going to trial. It can be expensive and time-consuming to defend your rights in court. However, if your legal team can prove that the healthcare professional acted unreasonably and their negligence led to the injury to your child, they may be able to win you a substantial settlement.
If you think your child's shoulder injury was caused by medical malpractice it is imperative to speak with an experienced erb's palsy attorney as soon as you can. Each state has a statute of limitations which sets an amount of time you have to file your 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 crucial to schedule a free consultation as soon as you are able to.
Mediation
Although a child's quality life can be improved, the condition Erb's Palsy cannot be cured. Physical therapy is a crucial aspect of the recovery process to help restore range of movement and strengthen the muscles in the hands and arms. However, this can only be beneficial if the nerves aren't ruptured or torn. If they were, then surgery may be required.
The root cause of Erb's Palsy is the damage to the brachial nerves of the plexus in the neck and shoulder. This is typically caused by a problem during birth, which is known as shoulder dystocia. This can occur when a baby is stuck in the pelvic bone of the mother's pelvis (scapula). In the effort to free the baby, medical personnel may resort to excessive force and tension on the skull of the infant, which can damage the spinal cord and nerves.
A doctor who was negligent in treating this disease can be held responsible for the injuries. Based on the severity of the injury and the projected medical expenses A settlement may cover the cost of treatment and other expenses.
It is crucial to select an attorney who has experience in handling birth injury cases. These lawsuits are complicated and require a thorough study of the medical documents of the victim. The statute of limitations in each state may differ and must be adhered to.
Trial
When Erb's palsy 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. A lawyer with experience in birth injury cases can assist families get the justice they deserve.
Brachial plexus injuries can cause serious and permanent damage to the brachial plexus. In certain cases these injuries can result in paralysis. This type of injury occurs when a baby is in a breech or large position, or during an extremely difficult delivery. When a doctor makes use of force to deliver the infant, the shoulder can become trapped behind the pelvic bone, which can compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia and can cause Erb's palsy.
At this point the lawyer will collect evidence to support your case. This may include written reports from medical experts. The legal team of the defendant will gather evidence to support their side of the story, including witness depositions and additional medical records.
After all evidence has been obtained, the attorneys will try to reach an agreement. Usually, both sides agree to a sum of money and the case is over at this point. If the defendant refuses to settle the case the case will be taken to court. During a trial, the judge and jury will hear both sides' arguments, and then decide if the defendant was responsible for the injuries your child sustained.
