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Erb's Palsy Legal Defense
A medical mistake during birth can cause damage to the nerve system 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 help families receive financial compensation and justice. A successful lawsuit can also hold medical professionals accountable and avoid future birth injuries.
Birth injury lawsuits
A birth injury lawsuit may help a family receive the financial compensation needed to take care of their child with Erb’s palsy. A lawsuit could also bring medical professionals to account for their actions. An experienced Erb's-Palsy lawyer can help a family navigate the legal process.
The condition is caused by damage to a nerve bundle in the arm and shoulder called the brachial plexus. The first sign of Erb's palsy is the inability to raise the affected arm above your head. You may also find it difficult to bend your elbow or position your hand in an "waiter tip" position. If both the lower and upper nerves are injured, the victim may suffer from a more severe form of the condition known as total or global brachial plexus palsy.
It's usually caused by an error made by doctors during a challenging birth. Shoulder dystocia for instance is when the baby's shoulders are stuck in the birthing canal. Doctors may use forceps, or an extractor vacuum to deliver the infant however, this can cause stretching of the nerves and result in 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 occupational therapy and physical therapy, surgery and equipment. Compensation can also cover lost wages and suffering and pain.
Statute of limitations
The cost of caring for a child diagnosed with Erb's palsy can be staggering. Settlements can help families pay for these expenses. While a settlement cannot undo the damage your child sustained, it can allow you to pay for medical treatments and other necessities for the rest of their life. 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 and your doctor will determine the value of your case and present it during a court trial.
The majority of birth injury lawsuits settle out of court, rather than going to trial. This is because it could be more expensive and time-consuming to fight for your rights in a trial. If your legal team can prove that the healthcare professional acted out of deference and that their negligence caused the injury to your child it could be possible to win you a substantial settlement.
Contact a seasoned erb’s palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was a result of medical negligence. Each state has its own statute of limitations that imposes the time limit for when you have to submit your claim. You will lose the right to sue if don't meet this deadline. This is why it is essential to schedule a consultation as soon as you are able to.
Mediation
Although a child with Erb's palsy cannot be completely treated, treatment can improve their quality of life. erb's palsy lawsuit erie is a vital part of the recovery, since it aids in restoring flexibility and strength to the muscles of the hand and arms. This can only be beneficial if the nerves have not ruptured or torn. If they were, surgery might be necessary.
The brachial nerves of the neck and shoulder are damaged. This is typically caused by shoulder dystocia. This is a birthing complications. It can happen when a newborn is trapped under the mother's pelvic bone (scapula). In an effort to remove the baby, medical personnel may resort to excessive force and tension on the skull of the infant, which can damage the spinal cord and nerves.
A doctor who is negligent in treating the condition could be held accountable for the injury. Based on the severity the injury and the projected medical expenses A settlement may cover the cost of treatments and other expenses.
It is essential to find an experienced lawyer who knows how to handle a birth-related injury case. These lawsuits are extremely complex and require a thorough investigation of the medical records of the victim. The statute of limitations in states can differ and must be followed.
Trial
When the cause of Erb's syndrome is due to medical negligence, the victims may be entitled to compensation for their child's medical expenses, loss of income, and pain and suffering. An experienced lawyer who has handled birth injury cases can help families get the justice they deserve.
The brachialplexus is a muscle that can be injured and cause permanent and severe damage. In certain instances they can lead to paralysis. This type of injury can occur when a baby is placed in a breech or large position, or during an extremely difficult delivery. When doctors use force to deliver the baby the shoulder may get trapped behind the pelvic bone, which can compress or stretch the shoulder nerves. This is called shoulder dystocia, and can lead to Erb's Palsy.
At this point, your lawyer will collect evidence to support your case. This could include written reports from medical professionals. The defendant's legal team will also collect evidence for their side of the story which includes depositions of witnesses and medical documents.
Once all evidence has been obtained, the attorneys will attempt to come to an agreement. Usually, both sides reach an agreement on a sum of funds and the case will be concluded at this point. If the defendant refuses to settle the matter, it will go to the court. During the trial, the jury and judge will examine both sides and determine whether the defendant is accountable for your child’s injuries.
Read More: https://vimeo.com/707126772
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