Erb's Palsy Legal Defense
An error in birth can cause damage to the nerve network of the neck and shoulder of a newborn baby. This injury, commonly referred to as Erb's Palsy, can cause long-term complications for the affected arm.
A lawsuit for injuries to the brachial plexus can help families receive justice and financial compensation. A successful lawsuit will also keep medical professionals accountable and avoid future birth injuries.
Birth injury lawsuits
A birth injury lawsuit could help a family get the financial compensation they need to care for their child who suffers from Erb's palsy. The lawsuit may also hold medical professionals accountable for their actions. A qualified Erb's palsy lawyer will guide a family through the legal process.
The condition is caused by the brachialplexus, which is a nerve bundle that runs through the arm and shoulder, is damaged. The most prominent symptom of Erb's Palsy is typically an inability to lift the affected arm above the head. It might be a challenge to bend the elbow or place the hand in the "waiter's tip" position. If both upper and lower nerves have been damaged the person could be suffering from a severe form of brachial palsy.
It's usually due to a mistake made by the doctor during a difficult birth. For example, the baby's shoulders can get stuck in the birth canal, a condition referred as shoulder dystocia. Doctors may use forceps to deliver an infant or a vacuum extraction tool, however this could stretch nerves that cause Erb's Palsy.
A successful Erb’s palsy suit could result in compensation for the victim's treatment now and in the future, which includes occupational therapy and physical therapy, surgery and special equipment. Compensation may 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 who suffers from Erb's palsy can be astronomical. A settlement could aid families in paying these costs. While a settlement won't be able to repair the injury that your child suffered however, it could aid in the cost of medical treatment and other necessities for the remainder of their 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 and your physician will determine the value of your case, which they will present during a court trial.
The majority of birth injury lawsuits are settled outside of court rather than going to trial. It can be expensive and time-consuming to fight your rights in court. If your legal team can show that the healthcare professional's negligence and acted in a way that was unreasonable the way they did, they could succeed in obtaining a substantial settlement.
If you think the shoulder injury suffered by your child was the result of medical malpractice it is imperative to consult a reputable Erb's palsy lawyer as soon as possible. Each state has a statute that limits the time you must file an action. You'll lose your right to sue if are late. erb's palsy law firm hampton is important to arrange your free consultation as quickly as possible.
Mediation
While a child with Erb's syndrome can't be completely cure, treatment can improve their quality of life. Physical therapy is an important part of the recovery, since it aids in restoring flexibility and strength to the muscles of the arms and hand. This is only beneficial when the nerves aren't ruptured or strained. If they were, surgery may be needed.
The root cause of Erb's palsy is abrachial nerves that run through the shoulder and neck. This is most commonly caused by a condition that occurs during the birth known as shoulder dystocia. This happens when a child gets stuck under the mother’s pelvic bone. In an attempt to get the baby out, medical staff frequently use excessive traction and force on the infant's head, which could cause damage to the nerves and spinal cord.
A doctor who is negligent in treating the condition could be held accountable for the injury. Settlements can be used to cover future medical costs and treatment costs depending on the severity of an injury.
It is crucial to select an attorney who is experienced in handling birth injury cases. These lawsuits can be complicated and require extensive investigation into the medical records of the victim. In addition the statute of limitations can vary from state to state and must be carefully observed.
Trial
If medical negligence is the cause of Erb's Palsy, victims may be entitled an award for their child's medical expenses, lost income as well as pain and discomfort. A lawyer with experience in birth injury cases can help families receive the justice they deserve.
The brachial plexus can cause permanent and severe damage. In certain cases the injuries may cause paralysis. This type of nerve injury usually occurs in the event of a difficult birth when a baby is large or is in a breech position. If a doctor applies excessive force to deliver an infant the shoulder may get caught in the pelvic bone, which causes the shoulder nerves to be stretched, compressed, or torn. This is called shoulder dystocia, and can result in Erb's Palsy.
During this phase your lawyer will begin gathering evidence to support your case, such as written reports from medical experts. The legal team of the defendant will gather evidence to support their case such as witness depositions and additional medical records.
After all evidence has been obtained, the attorneys will attempt to reach an agreement. Usually, both sides will reach an agreement on a sum of money and the lawsuit will be closed at this point. However, if the defendant doesn't agree to settle the case, it will be heard at trial. During a trial the jury and judge will listen to both sides' arguments, and then decide if the defendant was responsible for the injuries your child sustained.