Erb's Palsy Legal: What Nobody Is Discussing
Erb's Palsy Legal Defense
An error in childbirth may damage the nerve system of 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 lawsuit can help families receive financial compensation and justice. A successful lawsuit can also hold medical professionals accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit could aid a family in receiving the financial compensation they need to care for their child with Erb's palsy. The lawsuit could also hold medical professionals responsible for their actions. A lawyer who is experienced in dealing with the condition can help family members navigate the legal procedure.
The condition occurs when the brachialplexus, which is a nerve bundle that runs through the shoulder and arm, is damaged. The first sign of Erb's palsy is the inability of lifting the affected arm above your head. You may also find it difficult to bend your elbow or place your hand in a "waiter tip" position. If both lower and upper nerves have been damaged the patient could suffer from a severe type of brachial palsy.
It's often the result of a medical error during a difficult birth. For example the baby's shoulders could become stuck in the birth canal, a condition referred as shoulder dystocia. Doctors may use forceps, or vacuum extractors to deliver the baby but this can stretch the nerves and cause Erb's palsy.
A successful lawsuit against Erb's paralysis can result in compensation for the victim's ongoing and future treatment which includes occupational therapy, physical therapy surgeries, and other equipment. erb's palsy attorney lakewood can cover the loss of wages as well as pain and suffering, and even lost wages.
Statute of limitations
The cost of caring for an Erb's Palsy child can be enormous. A settlement could aid families in paying the costs. A settlement can help families pay for medical care and other expenses throughout the life of your child. The value of your child's claim will be determined by the severity of their injuries and the amount of treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this worth and present it at the trial.
Most birth injury lawsuits are settled out of court rather than going to trial. It can be costly and time-consuming to fight your rights in court. If your legal team can prove that the healthcare professional was unreasonably and that their negligence caused your child's injury and/or death, they could be able to obtain a substantial settlement.
It is recommended to contact an experienced erb’s palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was the result of medical malpractice. Every state has a statute that limits the time in which you have to submit a claim. If you fail to file your claim within this time and you do not file your claim, you forfeit your right to sue forever. It is important to schedule your free consultation as quickly as you can.
Mediation
While children with Erb's palsy is not completely cure, treatment can improve their quality of life. Physical therapy is a crucial part of the recovery process in that it can help restore range of movement and strengthen the muscles in the arms and hands. This can only be beneficial if the nerves have not ruptured or strained. If they were, surgery may be required.
The root cause of Erb's syndrome is damage to the brachial nerves of the plexus in the neck and shoulder. This is caused most commonly by shoulder dystocia, which is a birthing complications. This can occur when a newborn is trapped beneath the pelvic bone of the mother (scapula). In an effort to remove the baby, medical personnel may apply excessive force and pressure on the skull of the infant, which can damage the spinal cord and nerves.
A doctor who is negligent in treating this problem can be held accountable for the injuries. Based on the severity of the injury and the expected medical expenses the settlement could cover the cost of treatment and other expenses.
It is vital to choose an experienced lawyer who understands how to deal with a birth injury lawsuit. These lawsuits can be complicated and require thorough research into the medical records of the victim. The statute of limitations in states can differ and must be complied with.
Trial
If the Erb's palsy is caused by negligence in the medical field, victims could be entitled to compensation for medical expenses for their child and income loss and suffering and pain. An attorney with experience in birth injury lawsuits can help families receive the justice they deserve.
The brachialplexus is a muscle that can be injured and result in permanent and serious damage. In certain instances these injuries can result in paralysis. This type of nerve injury generally occurs during labor that is difficult, when a baby is oversized or in a breech posture. If a doctor applies excessive force to deliver a baby, the shoulder may become caught behind the mother’s pelvic bone, which causes the shoulder nerves to be compressed, stretched, or torn. This is known as shoulder dystocia. It may also lead to Erb's syndrome.
During this stage your lawyer will collect evidence to support your case, such as written reports from medical experts. The legal team of the defendant will also gather evidence to support their side, including depositions from witnesses and additional medical documents.
Once all the evidence has been gathered the lawyers will attempt to negotiate an agreement. Usually, both sides will reach an agreement on a sum of money and the lawsuit will be closed at this point. If the defendant doesn't settle the matter 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 accountable for the injuries your child sustained.