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Erb's Palsy Legal Defense

A mistake made during childbirth could damage the nerves' network in the neck and shoulder of a newborn baby. This condition is known as Erb's palsy and can cause long-term problems for the affected arm.

A lawsuit for injuries to the brachial plexus can help families get justice and financial compensation. A successful lawsuit could also hold medical professionals accountable and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could help a family receive the financial compensation needed to provide for their child who suffers from Erb's palsy. The lawsuit could also hold the medical professionals responsible for their actions. A qualified Erb's palsy lawyer will guide a family through the legal procedure.

The condition is caused by damage to a bundle of nerves in the arm and shoulder known as the brachial plexus. The first sign of Erb's Palsy is typically an inability to raise the affected arm above the head. It might be a challenge to bend the elbow or place the hand into an "waiter's tip" position. If both upper and lower nerves have been injured the person could suffer from a severe case of brachial palsy.

It's typically the result of a medical error during a difficult birth. For example, the baby's shoulders can get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can use forceps to deliver an infant or use a vacuum extraction tool, but this can cause nerves to stretch, which can cause Erb's palsy.

A successful lawsuit against Erb's paralysis can result in compensation for a patient's treatment currently and in the future that includes occupational therapy, physical therapy and surgery, as well as special equipment. Compensation may also cover lost wages and suffering and pain.

Statute of limitations

The cost of caring for an Erb's Palsy child can be enormous. Settlements can help families cover the costs. While a settlement can't undo the damage your child sustained but it will help you afford medical treatment and other necessities for the rest of their life. The value of your child's case will be based on the extent of their injuries and the amount of treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the value and present it during an initial trial.

A 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. If your legal team can prove that the healthcare professional acted in a way that was unreasonable and that their carelessness caused your child's injury, they may be able to win you a substantial settlement.

Contact a seasoned Erb's Palsy lawyer as quickly as you suspect that the shoulder injury suffered by your child was caused by medical negligence. Every state has a law which limits the time you must file an action. You will lose the right to sue if miss this deadline. It is essential to schedule your free consultation as quickly as possible.

Mediation

Although a child's quality of life can be improved, Erb's ailment cannot be cured. Physical therapy is an important part of the recovery process in that it can help restore range of motion and strengthens the muscles of the arms and hands. However, this will only be helpful if the nerves are not torn or ruptured. If they were, surgery may be required.


The root cause of Erb's Palsy is damage to the brachial plexus nerves in the neck and shoulder. It is usually caused by a complication that occurs during the birth process known as shoulder dystocia. This may occur when a baby is stuck beneath the pelvic bone (scapula). In the attempt to pull the baby free, medical professionals frequently use excessive traction and pressure on the infant's head, which could cause damage to the spinal cord and nerves.

A doctor who has been negligent in treating this condition could be held accountable for the injury. A settlement can be used to cover future medical expenses and treatment costs depending on the severity of an injury.

It is crucial to select a lawyer who has experience in handling birth injury cases. These lawsuits can be complex and require extensive research into the victim's medical records. The time limits in states can differ and must be followed.

Trial

If medical negligence is the reason of Erb's Palsy, victims could be entitled to compensation for their child's medical expenses, lost income, and pain and discomfort. A lawyer who has expertise in lawsuits involving birth injuries can assist families in receiving the justice they deserve.

Injury to the brachialplexus can result in permanent and severe damage. In certain cases the injuries may cause paralysis. This kind of nerve injury typically occurs during a difficult birth when a baby is oversized or in a breech posture. When a physician uses a lot of force to deliver a baby, the shoulder may become stuck behind the pelvic bone, causing the shoulder nerves to become stretched, compressed, or torn. erb's palsy law firm fremont is called shoulder dystocia. It can lead to Erb's Palsy.

During this phase, your lawyer will gather evidence to support your case, including written reports from medical experts. The legal team of the defendant will also gather evidence to support their side of the story and depositions from witnesses and medical documents.

Once all the evidence has been collected, the lawyers will seek to negotiate a settlement. In the majority of cases the parties will reach an agreement on a specific amount of money. The lawsuit will then be over. If the defendant does not agree to settle, the case will go to trial. During a trial, the jurors and the judge will consider both sides' arguments and decide whether the defendant was accountable for the injuries your child sustained.

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