Erb's Palsy Legal Defense
A medical error during childbirth can damage the nerves' network in a baby's shoulder and neck. This injury, commonly referred to as Erb's Palsy, can cause long-term problems in the affected arm.
A lawsuit for injuries to the brachial plexus can help families receive justice and financial compensation. A successful lawsuit may also bring medical professionals to account and help prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit could help a family receive the financial compensation they need to take care of a child suffering from Erb's syndrome. A lawsuit may also hold medical professionals accountable for their actions. An experienced Erb's-Palsy lawyer can guide a family through the legal process.
The condition occurs when the brachialplexus, a bundle of nerves that connects the shoulder and arm, is damaged. The first sign of the condition is the inability of lifting the affected arm above your head. It can be a challenge to bend the elbow or put the hand into a "waiter's tip" position. If both the upper and lower nerves are damaged the person may suffer from a more severe form of the condition referred to as total or global brachial plexus palsy.
It's usually due to a mistake made by an obstetrician during a difficult birth. For instance the baby's shoulders could become stuck in the birth canal, a condition referred as shoulder dystocia. Doctors can employ forceps to deliver an infant or a vacuum extraction device, but it could cause nerves to be stretched, that cause Erb's Palsy.
A successful Erb's palsy suit could result in compensation that will cover the patient's treatment today and in the future, which includes physical therapy and occupational therapy, surgeries and other equipment. Compensation could also pay for lost wages, as well as pain and suffering.
Statute of limitations
The cost of caring for an Erb's-Pallsy child can be exorbitant. A settlement could aid families in paying these expenses. Settlements can assist families with medical treatment and other necessities throughout the life of your child. The value of your case will depend on the severity of your child's injuries as well as the amount of future treatment that they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the worth and present it at a trial.
The majority of birth injury lawsuits are settled outside of court, rather than going to trial. This is because it could be more expensive and time-consuming to defend your rights at a trial. If your legal team is able to demonstrate that the healthcare professional was negligent and acted in a way that was unreasonable or acted, they may succeed in securing a significant settlement.
You should consult with an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was caused by medical malpractice. Every state has a law that limits the time in which you have to submit an action. You will lose the right to sue if you don't meet this deadline. Therefore, it is important to schedule a free consultation as soon as possible.
Mediation
Although a child's overall quality of life can be improved, Erb's palsy cannot be cured. Physical therapy is an essential aspect of recovery because it helps restore mobility and strengthen the muscles of the arms and hand. This is only helpful when the nerves aren't been torn or ruptured. If they were, surgery might be necessary.
The brachial nerves in the shoulder and neck are damaged. It is usually caused by a complication during the birth known as shoulder dystocia. This happens when a child gets stuck under the mother’s pelvic bone. To free the baby, medical professionals might use excessive force and traction on the infant's skull and cause damage to the spinal cord and nerves.
A doctor who failed to treat the condition could be held responsible for the injury. Based on the severity of the injury and the expected medical costs, a settlement could cover the cost of treatments and other expenses.
It is vital to choose an experienced lawyer who understands how to deal with a birth injury lawsuit. These lawsuits are complicated and require a thorough investigation of the medical documents of the victim. Furthermore the statute of limitations may vary from state to state, and must be followed.
Trial
If medical negligence is the reason of Erb's palsy, the victims could be entitled to the right to compensation for their child's medical expenses, lost income and discomfort and pain. A lawyer who has expertise in lawsuits involving birth injuries will assist families in getting the justice they deserve.
Injuries to the brachial nerve can cause serious and permanent damage. In certain cases, they can lead to paralysis. This kind of injury occurs when a baby is in an elongated or breech position or is experiencing an extremely difficult delivery. When a doctor uses excessive force to deliver a baby the shoulder can become caught in the pelvic bone, causing shoulder nerves to be compressed, stretched, or torn. This is called shoulder dystocia and can cause Erb's syndrome.
In this phase your lawyer will collect evidence for your case. This may include written reports from medical professionals. The legal team of the defendant will also collect evidence to back their case which includes witness depositions, as well as additional medical records.
After all the evidence is taken into consideration, the lawyers will attempt to reach an agreement. In erb's palsy attorneys frisco of cases, both parties will agree on a set amount of money. The lawsuit will be closed. If the defendant doesn't agree to settle, the case will be tried. During a trial, a jury and judge will listen to both sides' arguments and determine whether the defendant is accountable for the injuries your child sustained.