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Erb's Palsy Legal Defense
A mistake made during childbirth may damage the nerve network of the neck and shoulder of a baby's. This condition is known as Erb's spalsy and may cause long-term problems for the affected arm.
A lawsuit for injuries to the brachial plexus can assist families in obtaining justice and financial compensation. A successful lawsuit can also ensure that medical professionals are accountable and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit could aid a family in receiving the financial compensation they need to provide for their child with Erb's palsy. A lawsuit could also bring medical professionals to account for their actions. erb's palsy attorneys allentown who is experienced in dealing with the condition can help a family navigate the legal process.
The condition is caused by the damage to a nerve bundle in the arm and shoulder known as the brachial plexus. The first sign of the condition is the inability to raise the affected arm above your head. You may also find it difficult to bend your elbow or put your hand in an "waiter tip" position. If both upper and lower nerves have been injured the patient could be suffering from a severe form of brachial palsy.
It's usually the result of a medical error during a difficult birth. Shoulder dystocia, as an example, is when the shoulders of the baby are stuck in the birth canal. Doctors may use forceps to deliver an infant or a vacuum extraction device, but it could cause nerves to be stretched, and cause Erb's aplasia.
A successful Erb's palsy lawsuit could result in compensation for the patient's future and current treatment, including occupational therapy, physical therapy or surgery, as well as other equipment. Compensation may also be used to cover lost wages and suffering and pain.
Statute of limitations
The cost of caring for an Erb's palsy child can be enormous. A settlement could assist families with these costs. Settlements can assist families with medical care and other expenses throughout the course of your child's life. The value of your child's lawsuit will be based on the severity of their injuries and the amount of future treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and present it during the trial.
The majority of birth injury lawsuits are settled outside of court instead of going to trial. This is because it could be more costly and time-consuming to defend your rights during a trial. If your legal team can demonstrate the medical professional's negligence and acted in a way that was unreasonable, they may be successful in securing a significant settlement.
If you suspect that the shoulder injury suffered by your child was the result of medical malpractice it is imperative to contact an experienced Erb's palsy lawyer as soon as you can. Each state has a statute that restricts the time you must file an action. If you miss this deadline and you do not file your claim, you forfeit your right to sue for ever. It is imperative to schedule your free consultation as quickly as possible.
Mediation
While a child suffering from Erb's palsy cannot be completely treated, it can improve their quality of life. Physical therapy is an essential element of recovery because it can help restore the range of motion and strengthen the muscles of the hands and arms. But, this can only help if the muscles are not torn or ruptured. If they were, surgery may be necessary.
The brachial nerves of the shoulder and neck are damaged. This is most often caused by a complication during birth, which is known as shoulder dystocia. This may occur when a child gets stuck in the pelvic bone of a mother's birth. To try to get the baby out, medical personnel frequently use excessive traction and force on the head of the infant, which can cause damage to nerves and spinal cord.
A doctor who was negligent in treating the condition could be held responsible for the injury. Settlements can be used to cover future medical costs and treatment expenses based on the severity of the injury.
It is crucial to find an attorney who has experience in handling birth injury cases. These lawsuits can be complicated and require extensive investigation into the victim's medical records. The limitations period in every state is different and must be complied with.
Trial
If the Erb's palsy is caused due to medical negligence, the victims could be entitled to compensation for their child's medical expenses or loss of income and suffering and pain. A lawyer who has experience with birth injury lawsuits can help families receive the justice they deserve.
Injuries to the brachial nerve can cause serious and permanent damage. In some cases they can result in paralysis. This kind of injury occurs when a baby is placed in an elongated or breech position or undergoing the difficult delivery. If a doctor is using excessive force to deliver a baby the shoulder may get caught in the pelvic bone, causing the shoulder nerves to become stretched, compressed, or torn. This is known as shoulder dystocia and can cause Erb's Palsy.
At this point, your lawyer will collect evidence for your case. This may include written reports from medical specialists. The legal team of the defendant will also collect evidence for their side of the story which includes depositions of witnesses and additional medical documents.
After all the evidence is obtained, the attorneys will attempt to reach an agreement. In most cases the parties will reach an agreement to a certain amount. The lawsuit will be closed. If the defendant doesn't settle the case then it will be referred to the court. During the trial, the jury and judge will hear both sides and decide whether the defendant is responsible for the injuries your child sustained.