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Erb's Palsy Legal Defense
An error in childbirth can damage the nerve system in the neck and shoulder of a baby's. This type of injury is known as Erb's palsy. It can cause long-term problems for the affected arm.
A brachial-plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit could also keep medical professionals accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit could assist a family to receive the financial relief they need to care for their child with Erb's Palsy. A lawsuit could 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 damage to a bundle of nerves in the arm and shoulder called the brachial complex. The most prominent symptom of Erb's paralysis is typically an inability to elevate the affected arm above the head. It can be a challenge to bend the elbow or put the hand into the "waiter's tip" position. If both upper and lower nerves have been damaged the patient may suffer from a severe case of brachial palsy.
It's usually the result of an error made by a doctor during a difficult birth. Shoulder dystocia for instance is when the shoulders of the baby become stuck in the birthing canal. Doctors can use forceps to deliver a baby or a vacuum extraction tool, but this may stretch the nerves that cause Erb's Palsy.
A successful Erb's palsy suit could result in compensation for the patient's treatment today and in the future, including physical therapy and occupational therapy, surgery and equipment. Compensation may cover lost wages or pain and suffering as well as even lost wages.
Statute of limitations
The costs of caring for a child diagnosed with Erb's palsy can be astronomical. A settlement settlement may help families pay for these expenses. A settlement can aid families in paying for medical care and other expenses throughout your child's life. The value of your case will be contingent on the severity of your child's injuries as well as the amount of treatment that they might require. Your MA Erb's Palsy Lawyer and doctor will decide the value of your case and present it during a court trial.
The majority of birth injury lawsuits end up in court, instead of going to trial. This is because it may be more costly and time-consuming to defend your rights at trial. If your legal team is able to demonstrate that the healthcare professional was negligent and unreasonably acted the way they did, they could succeed in securing a significant settlement.
Contact a seasoned Erb's palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was the result of medical malpractice. Each state has its own statute of limitations which sets an amount of time you must submit your claim. If you don't file by this deadline, you will lose your right to sue for ever. It is important to schedule your free consultation as quickly as you can.
Mediation
While children with Erb's syndrome can't be completely cured, treatment can help improve their quality of life. Physical therapy is an important element of recovery since it aids in restoring flexibility and strength to the muscles of the hand and arms. However, this will only be beneficial if the nerves are not torn or ruptured. If they were, surgery may be required.
The brachial nerves of the shoulder and neck are damaged. This is caused most commonly by shoulder dystocia, a birthing complication. This can occur when a newborn is trapped under the mother's pelvic bone (scapula). In the attempt to pull the baby out, medical professionals frequently use excessive traction and pressure on the infant's head, which can cause damage to the spinal cord and nerves.
A doctor who is negligent in treating this disease can be held responsible for the injury. A settlement could be used to pay for future medical expenses and treatment expenses based on the severity of the injury.
It is important to hire an attorney who has experience in handling birth injury cases. These lawsuits can be complex and require extensive investigation into the medical records of the victim. The time limits in states can differ and must be adhered to.
Trial
If medical negligence is the reason of Erb's palsy, the victims could be entitled to the right to compensation for their child's medical expenses, lost income and discomfort and pain. A lawyer who has experience with birth injury lawsuits can help families receive the justice they deserve.
Abrachialplexus injury can result in permanent and severe damage. In certain instances the injuries may cause paralysis. This kind of nerve injury typically occurs during a difficult birth when the baby is large or is in a breech position. When a physician uses a lot of force to deliver a baby the shoulder may get caught behind the mother’s pelvic bone, leading to the shoulder nerves to become stretched, compressed or torn. This is called shoulder dystocia and can result in Erb's Palsy.
During this stage your lawyer will collect evidence for your case. erb's palsy law firm lexington could include written reports from medical experts. The legal team of the defendant will collect evidence to support their side of the case which includes witness depositions, as well as additional medical documents.
After all the evidence has been collected, the attorneys will attempt to reach an agreement. In most cases both parties will settle on a certain amount. The lawsuit will be over. If the defendant is not willing to settle, the case will be heard at trial. During the trial the judge and jury will hear both sides and decide whether the defendant is responsible for your child's injuries.
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