Erb's Palsy Legal Defense
A mistake made during childbirth can damage the nerve system in the neck and shoulder of a newborn baby. This injury is referred to as Erb's palsy. It can cause long-term issues for the affected arm.
A brachial-plexus injury lawsuit can aid families in receiving justice and financial compensation. A successful lawsuit can also hold medical professionals accountable and avoid future birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family get the financial compensation they require to care for a child with Erb's Palsy. The lawsuit could also hold medical professionals responsible for their actions. A lawyer who is experienced in the field of Erb's Palsy may be able to help family members navigate the legal process.
The condition is caused when the brachialplexus, a bundle of nerves that connects the shoulder and arm, is damaged. The first symptom of Erb's syndrome is an inability to raise the affected arm above the head. You may also find it difficult to bend your elbow, or put your hand in the "waiter tip" position. If both upper and lower nerves are injured the person could suffer from a severe case of brachial palsy.
It's usually caused by an error made by doctors during a challenging birth. For example, the baby's shoulders can become stuck in the birth canal, a condition known as shoulder dystocia. Doctors can use forceps to give birth to a baby or a vacuum extraction device, but this could stretch nerves that cause Erb's Palsy.
A successful suit for Erb's palsy can result in compensation for the victim's treatment now and in the future, including physical therapy and occupational therapy, surgeries and other equipment. Compensation could cover the cost of lost wages, pain and suffering and even the loss of wages.
Statute of limitations
The cost of caring for a child with Erb's palsy can be astronomical. Settlement settlements can assist families with these costs. While a settlement cannot undo the damage your child sustained but it will aid in the cost of medical treatment and other necessities for the rest of their life. The value of your child's lawsuit will be determined by the extent of their injuries as well as how much future treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the value and then present it at the trial.
The majority of birth injury lawsuits are settled out of court rather than going to trial. It can be expensive and time-consuming to fight your rights in court. However, if your legal team can demonstrate that the healthcare professional acted out of deference and that their carelessness caused the injury to your child, they may be able to obtain a substantial settlement.
It is recommended to contact an experienced erb’s palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was due to medical negligence. Each state has its own statute of limitations which sets a limit on how long you must file a claim. If you do not file your claim by the deadline, you will lose your right to sue forever. Therefore, it is crucial to schedule a free consultation as soon a time as you can.
Mediation
While children with Erb's palsy cannot be completely treated, treatment can improve their quality of life. Physical therapy is a crucial aspect of recovery because it helps restore flexibility and strength to the muscles of the hands and arms. However, it can only be helpful if the nerves aren't rupturing or torn. If they were, then surgery may be needed.
The brachial nerves of the neck and shoulder are damaged. This is typically caused by a problem during delivery known as shoulder dystocia. It can happen when a newborn is trapped under the mother's pelvic bone (scapula). In the effort to free the baby, medical staff may resort to excessive force and use traction on the skull of the infant and cause damage to the spinal cord and nerves.
A doctor who was negligent in treating the condition may be held responsible for the injury. A settlement could be used to pay for future medical expenses and treatment costs based on the severity of an injury.
It is essential to choose an attorney with experience in handling birth injury cases. These lawsuits are complex and require thorough research into the medical records of the victim. The time limits in each state may differ and must be followed.
Trial
When the cause of Erb's syndrome is by medical negligence, victims may be entitled to compensation for their child's medical costs as well as loss of income and pain and suffering. A lawyer with experience in birth injury lawsuits will assist families in getting the justice they deserve.
Injuries to the brachialplexus could cause permanent and severe damage. In erb's palsy attorney arlington may lead to paralysis. This kind of nerve injury typically occurs during a difficult birth, when the baby is large or in a breech posture. When a doctor uses excessive force to deliver a baby the shoulder may get stuck behind the pelvic bone, which causes the shoulder nerves to become stretched, compressed, or torn. This is called shoulder dystocia and can cause Erb's palsy.
In this phase the lawyer will collect evidence to support your case. This may include medical reports in writing. The legal team representing the defendant will also gather evidence to support their side of the story such as depositions of witnesses and additional medical documents.
Once all evidence is gathered, the lawyers will try to negotiate a settlement. Usually, both sides will agree to a specific amount of funds and the case will be concluded at this point. If the defendant is unwilling to settle the matter and the case goes to court. During a trial, a judge and jury will hear both sides' arguments and determine whether the defendant was accountable for your child's injuries.