Jolene Bridgeford asked 3 months ago
Erb’s Palsy Legal Defense
A medical error during birth can cause damage to the nerve system of the baby’s neck and shoulder. This condition is known as Erb’s palsy and can result in long-term complications for the affected arm.
A lawsuit for injuries to the brachial plexus can assist families in obtaining justice and financial compensation. A successful lawsuit could also hold medical professionals accountable and avoid future birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family get the financial aid they need to care for a child suffering from Erb’s palsy. The lawsuit can also hold medical professionals accountable for their actions. A lawyer who is experienced in Erb’s Palsy can help family members navigate the legal process.
The condition is caused by the damage to a bundle of nerves in the arm and shoulder called the brachial plexus. The most prominent 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 put your hand in an “waiter tip” position. If both the lower and upper nerves are injured the patient may suffer from a more severe form of the condition referred to as total or global brachial plexus palsy.
It’s usually caused by a mistake made by a doctor 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 use a vacuum extraction tool, but this may stretch the nerves that cause erb’s palsy lawsuit Palsy.
A successful erb’s palsy law firm palsy lawsuit could result in compensation for a patient’s treatment currently and in the future such as occupational therapy, physical therapy surgeries, and other equipment. Compensation can cover lost wages as well as pain and suffering, and even lost wages.
Statute of limitations
The cost of caring for an Erb’s-Pallsy child can be astronomical. A settlement can help families pay for these expenses. A settlement can aid families in paying for medical care and other necessities throughout your child’s life. The value of your case will be contingent on the severity of your child’s injuries, as well as the amount of treatment that they may require. Your MA Erb’s Palsy Lawyer will collaborate with your doctor to determine this value and then present it at an initial trial.
Most birth injury lawsuits end up in court, rather than going to trial. It can be costly and time-consuming for you to fight your rights in court. If your legal team can prove that the healthcare professional was unreasonably and that their carelessness caused the injury of your child it could be possible to win you a substantial settlement.
If you think the shoulder injury your child suffered was the result of medical malpractice it is imperative to consult a reputable erb’s palsy attorney as soon as possible. Every state has a law which limits the time you must make a claim. If you fail to file your claim within this time then you lose your right to sue forever. It is for this reason that it is crucial to schedule a consultation as soon as possible.
Mediation
While a child suffering from Erb’s syndrome can’t be completely cure, treatment can improve their quality of life. Physical therapy is an important part of the recovery process in that it can help restore motion and strengthen the muscles in the arms and hands. This is only beneficial in the event that the nerves haven’t ruptured or strained. If they were, surgery may be required.
The brachial nerves of the neck and shoulder are damaged. This is most often caused by a complication during the birth process known as shoulder dystocia. This can happen when a child gets stuck in the pelvic bone of a mother’s birth. In an effort to remove the baby, medical professionals may apply excessive force and traction on the infant’s skull which can cause damage to the spinal cord and nerves.
A doctor who has been negligent in treating this condition can be held liable for the injuries. A settlement can be used to pay for future medical expenses and treatment costs, based on the severity of the injury.
It is crucial to find an attorney with experience in dealing with birth injury cases. These lawsuits can be extremely complicated and require extensive investigation into the victim’s medical records. The limitations period in states can differ and must be complied with.
Trial
If the Erb’s palsy is caused due to medical negligence, the victims could be entitled to compensation for their child’s medical costs as well as loss of income and pain and suffering. An experienced lawyer who has handled birth injury cases can assist families get the justice they deserve.
Injuries to the brachial plexus can result in permanent and severe damage. In some instances these injuries can result in paralysis. This kind of nerve injury typically occurs in the event of a difficult birth when a baby is large or in a breech posture. When the doctor uses force to deliver the infant, the shoulder can become caught behind the mother’s pelvic bone and compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia. It can lead to Erb’s palsy.
During this phase, your lawyer will gather evidence for your case, such as written reports from medical experts. The lawyer representing the defendant will also gather evidence to support their side of the case, including depositions from witnesses and other medical records.
Once all evidence has been collected, the attorneys will try to reach an agreement. In most cases the parties will reach an agreement to a certain amount. The lawsuit will then end. If the defendant is unwilling to settle the case the case will be taken to the court. During the trial, the jury and judge will consider both sides and decide whether the defendant is accountable for your child’s injuries.