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Erb's Palsy Lawyers
An experienced attorney can help simplify the legal process. Erb's palsy lawyers are able to assist clients in obtaining financial compensation for their child's future medical requirements.
Parents need peace of mind to know that their children are taken seriously even if they are involved in an injury that could change their life. Unfortunately, this can be difficult when medical negligence is involved.
Preventable Birth Injuries
There are birth injuries that happen because of factors beyond the doctor's control such as the size and position of the pelvis or birth canal, many others are avoidable. Doctors are required to accurately determine the weight and size of a fetus, and recommend a C section when they feel that the baby is too big to be delivered via vaginally. This helps prevent injury to both the mother and fetus and can often prevent the need for medically-needed interventions.
If a doctor does not adhere to this obligation and fails to follow the rules, it can result in injuries such as Erb's paralysis or brachial plexus injuries. These injuries are caused by nerve damage to the arm or shoulder during the birth. These injuries can result in limitations or weakness in the affected region of the body for the duration of the child's life. Treatments for these conditions can be incredibly expensive.
Families who suffer from these injuries typically require financial compensation to pay the costs. A lawyer from the Erb's Palsy Association can ensure that a family receives the maximum amount of compensation. This can alleviate their financial burden and ensure they receive the proper treatment for their children. A good erb’s palsy attorney will be honest and steadfast in their efforts to support you.
Erb's Palsy Causes
Erb's Palsy happens when the upper part of nerves located in your arm, referred as the brachialplexus, gets injured. These nerves transmit messages to the muscles in order to allow them to move. If the nerves are damaged, they are not able to properly conduct signals. The arm will not move as well or at all. In the majority of cases, the injury will heal with time. However some infants are permanently disabled.
Shoulder dystocia is a common cause of Erb's Palsy. It is caused when the baby's arm becomes stuck behind the mother’s pubic bone. The medical professionals who deliver the baby need to exert pressure to free the shoulder, and this may cause tearing or stretching of the healthy nerves of the brachial complex.
These injured nerves can be avulsed. This means that they completely rip away from the spinal cord, neuroma. This means the scar tissue places pressure on the nerve and blocks it from transmitting signals, or neuropraxia, which is when nerves are stretched but not torn. The longer that nerves are damaged, the more difficult to heal.
To avoid shoulder dystocia the mother-to-be and the Obstetrician must be in agreement about the ideal position for delivery of the baby and what to do in the event of a complication during birth. Unfortunately many cases of Erb's palsy are the result of medical carelessness on the part nurses and doctors who use too much force in the birthing process.
Erb's Palsy Treatment
For babies with Erb's palsy, their physical therapy will be focused on regaining the range of motion in their arms and fingers. Physical therapy is often integrated with other treatments like hydrotherapy. Hydrotherapy helps because it allows children to exercise in a gravity-free space and relieves pain from muscle spasms.
Other treatments may include medications to decrease swelling and pain. A doctor may also splice or transplant healthy nerves from other parts of the body to replace damaged ones. This can restore feeling, flexibility and support to the arm.
A ruptured brachial-plexus might be necessary to fix Erb's Palsy that occurs in newborns. A ruptured nerve, caused by the tear of one or more nerves from the spine, is the most severe form of Erb's psy. The nerves injured can be repaired by doctors and allow the nerves to heal. This procedure is usually successful and helps most children get back full range of motion in their arms. Certain patients may be permanently disabilities due to the injury.
Erb's Palsy Settlements
Some children suffering from Erb's Palsy will be able overcome the limitations imposed by the condition using daily physical therapy. However, others will require surgery to repair the nerve damage. Fortunately the medical malpractice lawsuit process can assist families in obtaining fair settlement for their child's injuries.
Your lawyer will consult with experts to determine the cost of treatment. This is referred to as value of the case. The value of the case will be based on the severity of the injury and how it affects your child's future. erb's palsy law firm avondale will try to get life-care costs and estimated medical expenses as well as other damages.
Your lawyer will issue a demand letter to the hospital or doctor responsible for the injuries your child sustained. The letter will explain the injuries suffered by your child and how they were caused due to medical negligence. The letter will also outline the amount of compensation you are seeking.
The doctor who is at fault can then negotiate a settlement. This is a less costly alternative to going to trial. If your attorney can make an argument that is convincing and the medical professional responsible may opt to make a deal outside of court in order to avoid the negative publicity that can be a result of a trial. If a settlement agreement is reached, the funds are put into an trust and used to cover your child's medical treatment as well as other expenses.
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