Erb's Palsy Legal Defense
A medical error during childbirth may damage the nerve network in a baby’s neck and shoulder. This condition, also known as Erb's Palsy, can cause long-term complications in the affected arm.
A brachial plexus injury lawsuit could aid families in receiving justice and financial compensation. A successful lawsuit will also hold medical professionals accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family receive the financial aid they need to care for a child suffering from Erb's syndrome. A lawsuit may also hold medical professionals accountable for their actions. A lawyer who is experienced in the field of Erb's Palsy may be able to help a family navigate the legal process.
The condition develops when the brachialplexus, a bundle of nerves that runs through the arm and shoulder is damaged. The most obvious sign of Erb's palsy is usually an inability to elevate the affected arm above the head. You may also find it difficult to bend your elbow or position your hand in a "waiter tip" position. If both the upper and lower nerves are damaged the patient could suffer from a more severe version of the condition referred to as total or global brachial plexus palsy.
It's usually the result of a mistake made by the doctor during a difficult birth. Shoulder dystocia, for instance is when the baby's shoulders are stuck in the birthing canal. Doctors may use forceps, or vacuum extractors to deliver the baby however, this can cause stretching of the nerves, causing Erb's palsy.
A successful Erb's Palsy lawsuit can result in compensation for a victim's ongoing and future treatment such as physical therapy, occupational therapy or surgery, as well as other equipment. Compensation can also be used to pay for lost wages as well as pain and suffering.
Statute of limitations
The cost of caring for an Erb's palsy child can be enormous. A settlement could 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 extent 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 present it during the trial.
A majority of birth injury lawsuits are settled out of court rather than going to trial. It can be costly and time-consuming for you to fight your rights in court. However, if your legal team can prove that the healthcare professional acted unreasonably and their negligence led to the injury of your child They may be able to secure a substantial settlement.
It is recommended to contact an experienced erb’s palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was the result of medical negligence. Every state has a statute of limitations that imposes an amount of time you must make a claim. If you miss this deadline, you will lose your right to sue forever. For this reason, it is imperative to schedule a consultation as soon as possible.
Mediation
While a child suffering from Erb's palsy cannot be completely cure, treatment can improve their quality of life. Physical therapy is an important element of recovery in that it can help restore range of movement and strengthen the muscles in the hands and arms. However, this will only help if the nerves aren't rupturing or torn. If they were, then surgery may be required.
erb's palsy attorney kent for Erb's palsy is abrachial nerves of the plexus in the neck and shoulder. It is usually caused by a condition that occurs during birth, which is known as shoulder dystocia. This may occur when a baby gets stuck under the mother’s pelvic bone. In order to free the baby, medical staff may apply excessive force and traction on the infant's skull which could cause damage to the spinal cord and nerves.
A doctor who is negligent in treating this problem can be held accountable for the injury. A settlement can pay for future medical costs and treatment costs depending on the severity of an injury.
It is essential to find an experienced lawyer who understands how to manage a birth injury case. These lawsuits are complex and require a thorough investigation of the medical records of the victim. In addition the statute of limitations could be different in each state and must be observed.
Trial
If medical negligence is the reason of Erb's palsy, the victims may be entitled an award for their child's medical expenses, income loss, and pain and discomfort. An experienced lawyer who has handled birth injury cases can help families get the justice they deserve.
Injuries to the brachial nerve can cause serious and permanent damage. In certain instances the injuries may cause paralysis. This type of injury can occur 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 an infant the shoulder can become caught in the pelvic bone, leading to the shoulder nerves to be stretched, compressed or torn. This is known as shoulder dystocia. It can cause Erb's palsy.
During this stage your lawyer will gather evidence to support your case. This could include written reports from medical experts. The lawyer representing the defendant will also collect evidence for their side and depositions from witnesses and additional medical documents.
Once all evidence has been gathered, the lawyers will attempt to reach an agreement. Usually, both sides will reach an agreement on a sum of funds and the case will be concluded at this point. If the defendant refuses to settle, the case will be heard at trial. During a trial the jurors and the judge will consider both sides' arguments and determine whether the defendant was accountable for the injuries your child sustained.