Erb's Palsy Legal Defense
A medical mistake during childbirth may damage the nerves' network in a baby's shoulder and neck. This injury, known as Erb's'Palsy', can cause long-term complications for the affected arm.
A lawsuit for brachial plexus injuries will allow families to receive justice and financial compensation. A successful lawsuit may also bring medical professionals to account and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit may aid a family in receiving the financial compensation they need to take care of their child suffering from Erb's Palsy. A lawsuit can also hold medical professionals accountable for their actions. A lawyer who is experienced in the field of Erb's Palsy may be able to help a family navigate the legal process.
The condition develops when the brachialplexus, which is a bundle of nerves that connects the shoulder and arm is damaged. The first sign of Erb's Palsy is the inability of lifting the affected arm above your head. It can also be difficult to bend your elbow or place your hand in the "waiter tip" position. If both the upper and lower nerves are injured the patient may suffer from a more severe version of the condition known as total or global brachial plexus palsy.
It's often the result of a medical error during a difficult delivery. For example the baby's shoulders could become stuck in the birth canal, a condition known as shoulder dystocia. Doctors may employ forceps or an extractor vacuum to deliver the infant but this can stretch the nerves and cause Erb's palsy.
A successful lawsuit for Erb's palsy can result in compensation for a patient's future and current treatment that includes physical therapy, occupational therapy and surgery, as well as special equipment. Compensation can also be used to pay for lost wages as well as pain and suffering.
Statute of limitations
The costs of caring for a child who suffers from Erb's palsy can be astronomical. A settlement can assist families with these costs. Settlements can aid families in paying for medical care and other expenses throughout the life of your child. The value of your child's case will be based on the severity of their injuries as well as how much future treatment they might require. Your MA Erb’s Palsy lawyer and your physician will determine the worth of your case, which they will present during a trial.
Most birth injury lawsuits end up in court, rather than going to trial. It can be costly and time-consuming to defend your rights in court. If your legal team can prove the healthcare professional's negligence and acted in a way that was unreasonable the way they did, they could succeed in securing a substantial settlement.
Contact a seasoned Erb's palsy lawyer immediately as you suspect that the shoulder injury suffered by your child was the result of medical negligence. Every state has a law that restricts the time you have to file an action. You will lose the right to sue if are late. It is essential to schedule your free consultation as quickly as you can.
Mediation
Although a child with Erb's Palsy can't be totally cure, treatment can improve their quality of life. Physical therapy is a crucial component of the healing process and helps to restore movement and strengthen the muscles of the arms and hands. However, this can only be beneficial if the nerves aren't ruptured or strained. If they were, surgery may be necessary.
The brachial nerves of the shoulder and neck are damaged. This is most often caused by shoulder dystocia, which is a birthing complications. It can happen when a baby gets stuck in the pelvic bone of the mother's pelvis (scapula). In order to free the baby, medical professionals may apply excessive force and use traction on the skull of the infant which could cause damage to the spinal cord and nerves.
A doctor who was negligent in treating the condition could be held accountable for the injury. Settlements can cover future medical costs and treatment costs depending on the severity of an injury.
It is crucial to hire an experienced lawyer who understands how to handle a birth-related injury case. These lawsuits can be complicated and require thorough research into the medical records of the victim. The statute of limitations in each state may differ and must be complied with.
Trial
If medical negligence is the reason of Erb's Palsy, patients could be entitled to the right to compensation for their child's medical expenses, lost income, as well as discomfort and pain. An attorney with experience in birth injury cases can assist families receive the justice they deserve.
Injuries to the brachial plexus can cause serious and permanent damage to the brachial plexus. In some instances, these injuries can cause paralysis. This type of injury can occur when a baby is placed in the breech or in a large position, or during an uneasy delivery. When doctors use force to deliver the baby the shoulder could get caught behind the mother's pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is referred to as shoulder dystocia. It could cause Erb's aplasia.
During this stage your lawyer will begin gathering evidence for your case, such as written reports from medical experts. The legal team of the defendant will gather evidence to prove their case including witness depositions as well as additional medical documents.
Once all the evidence has been gathered, lawyers will try to negotiate a settlement. In most cases, both parties will agree on a certain amount. The lawsuit will then end. If erb's palsy lawyer danbury doesn't settle the case the case will be taken to the court. During the trial the judge and jury will hear both sides and decide whether the defendant is responsible for your child’s injuries.