Erb's Palsy Legal Defense
A medical mistake during childbirth can damage the nerve system of the neck and shoulder of a newborn baby. This condition, also known as Erb's Palsy, can cause long-term issues in the affected arm.
A lawsuit for injuries to the brachial plexus can assist families in obtaining justice and financial compensation. A successful lawsuit will also make medical professionals accountable and help prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit may help a family get the financial aid they need to care for their child suffering from Erb's palsy. A lawsuit can also hold medical professionals accountable for their actions. A lawyer with experience in the field of Erb's palsy can assist families navigate the legal process.
The condition is caused by damage to a nerve bundle in the shoulder and arm called the brachial complex. The first symptom of Erb's palsy is usually an inability to raise the affected arm above the head. It may also be difficult to bend the elbow or place the hand in an "waiter's tip" position. If both the upper and lower nerves have been injured, the victim could suffer from a severe type of brachial palsy.
It's often a result of a medical error during a difficult delivery. Shoulder dystocia, as an example is when the baby's shoulders become stuck in the birth canal. erb's palsy attorney high point may use forceps or a vacuum extractor to deliver the baby however this could stretch the nerves, causing Erb's palsy.
A successful suit for Erb's palsy can result in compensation to pay for the patient's treatment today and in the future, including physical therapy and occupational therapy, as well as surgery and other equipment. Compensation may cover the cost of lost wages, pain and suffering, and even lost wages.
Statute of limitations
The cost of caring for a child diagnosed with Erb's syndrome can be enormous. A settlement can aid families in paying these costs. A settlement can aid families in paying for medical care and other expenses throughout your child's life. The value of your case will depend on the severity of your child's injuries as well as the amount of future care that they might require. Your MA Erb's Palsy lawyer and your doctor will decide the value of your case and present it at a trial.
The majority of birth-related injury lawsuits are settled out of court instead of going to trial. This is because it can be more expensive and time-consuming to fight for your rights in a trial. If your legal team can prove the healthcare professional's negligence and acted in a way that was unreasonable or acted, they may succeed in obtaining a substantial settlement.
If you believe that the shoulder injury your child suffered was due to medical negligence It is essential to speak with an experienced Erb's Palsy lawyer as quickly as possible. Each state has a statute of limitations that sets the time frame for when you have to file your claim. You'll lose the right to sue if you don't meet this deadline. This is why it is crucial to schedule a consultation as soon a time as you can.
Mediation
While a child suffering from Erb's palsy cannot be completely cure, treatment can improve their quality of life. Physical therapy is an essential part of the recovery process to help restore motion and strengthens the muscles of the arms and hands. However, this can only be helpful if the nerves aren't ruptured or torn. If they were, surgery might be required.
The brachial nerves in the shoulder and neck are damaged. This is typically caused by a complication during the birth process known as shoulder dystocia. This may occur when a baby is stuck under the pelvic bone of the mother. In an effort to remove the baby, medical professionals may use excessive force and pressure on the skull of the infant and cause damage to the spinal cord and nerves.
A doctor who was negligent in treating the condition could be held responsible for the injury. A settlement could be used to cover future medical expenses and treatment costs based on the severity of an injury.
It is important to hire an attorney with experience in handling birth injury cases. These lawsuits are extremely complex and require thorough research into the medical documents of the victim. Furthermore, the statute of limitations could vary in every state and must be observed.
Trial
When the cause of Erb's syndrome is through medical negligence, the victim may be entitled to compensation for medical expenses incurred by their child and income loss and suffering and pain. An attorney with experience in birth injury cases can assist families get the justice they deserve.
Injury to the brachialplexus can result in permanent and serious damage to the brachialplexus. In certain cases they can result in paralysis. This type of injury can occur when a baby is in an open or large position or is experiencing the difficult delivery. When a doctor uses force to deliver the baby the shoulder could get stuck behind the pelvic bone and compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia. It can lead to Erb's palsy.
In this phase your lawyer will collect evidence to support your case, such as written reports from medical experts. The legal team representing the defendant will also gather evidence to support their side such as depositions of witnesses and additional medical documents.
Once all evidence has been obtained, the attorneys will attempt to come to an agreement. Usually, both sides will agree to a sum of money and the case is over at this point. If the defendant doesn't agree to settle the case, it will be tried. During the trial, the jury and judge will consider both sides and decide whether the defendant is accountable for your child’s injuries.