Erb's Palsy Legal Defense
A mistake made during childbirth may damage the network of nerves in the neck and shoulder area of a newborn's. This injury, known as Erb's'Palsy', can cause long-term issues in the affected arm.
A brachial plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit may also make medical professionals accountable and help prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family get the financial compensation needed to provide care for their child with Erb’s palsy. A lawsuit may also hold medical professionals accountable for their actions. A qualified Erb's Palsy lawyer can assist a family through the legal procedure.
The condition is caused by the damage to a bundle of nerves in the shoulder and arm called the brachial plexus. The first sign of Erb's Palsy is typically an inability to raise the affected arm over the head. You may also find it difficult to bend your elbow, or put your hand in the "waiter tip" position. If both the upper and lower nerves are damaged the patient may suffer from a more severe version of the condition known as global or total brachial plexus palsy.
It's usually the result of a medical mistake during a difficult delivery. Shoulder dystocia, for example, is when the baby's shoulders are stuck in the birth canal. Doctors may use forceps or a vacuum extractor to deliver the infant but this can stretch the nerves and result in Erb's palsy.
A successful Erb's palsy suit could result in compensation that will cover the victim's treatment now and in the future, which includes physical therapy and occupational therapy, as well as surgery and other equipment. Compensation can be used to cover lost wages, pain and suffering and even the loss of wages.
Statute of limitations
The cost of caring for an Erb's palsy child can be astronomical. Settlements can aid families in paying the costs. Settlements can help families pay for medical care and other expenses throughout the course of your child's life. The value of your case will depend on the extent of your child's injuries, as well as the amount of future care that they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and then defend it in a trial.
The majority of birth-related injury lawsuits are settled out of court, rather than going to trial. It can be expensive and time-consuming to defend your rights in court. However, if your legal team can prove that the healthcare professional was unreasonably and that their carelessness caused the injury to your child it could be possible to secure a substantial settlement.
If you think your child's shoulder injury was the result of medical malpractice, it is important to consult a reputable attorney for erb's syndrome as soon as you can. Each state has a statute which limits the time you must make a claim. If you fail to file your claim within this time, you will lose your right to sue forever. For erb's palsy law firm corpus christi , it is imperative to schedule a free consultation as soon as possible.
Mediation
Although a child's quality life can be improved, the condition Erb's Palsy cannot be cured. Physical therapy is an important aspect of the recovery process and helps to restore motion and strengthen the muscles in the arms and hands. However, this can only be beneficial if the nerves are not torn or ruptured. If they were, surgery could be required.
The brachial nerves of the shoulder and neck are damaged. This is most often caused by a complication that occurs during the birth process known as shoulder dystocia. It can happen when a baby becomes stuck beneath the pelvic bone (scapula). To try to get the baby out, medical staff frequently use excessive traction and pressure on the infant's head which can cause damage or injury to the spinal cord and nerves.
A doctor who was negligent in treating the condition may be held responsible for the injury. Settlements can be used to cover future medical costs and treatment costs based on the severity of an injury.
It is imperative to employ an experienced lawyer who understands how to handle a birth injury case. These lawsuits are complicated and require a thorough study of the medical records of the victim. Furthermore, the statute of limitations may change in each state and must be observed.
Trial
If medical negligence is a cause of the condition, the victims could be entitled to compensation for their child’s medical expenses, lost income, and discomfort and pain. A lawyer with expertise in lawsuits involving birth injuries can assist families in receiving the justice they deserve.
The brachial plexus can result in permanent and severe damage to the brachial plexus. In some cases, these injuries can cause paralysis. This type of injury happens when a baby is in the breech or in a large position, or during a difficult delivery. When a doctor uses force to deliver the infant the shoulder may get stuck behind the mother's pelvic bone, causing it to compress or stretch the shoulder nerves. This is known as shoulder dystocia. It can also cause Erb's palsy.
During this phase your lawyer will begin gathering evidence for your case, such as written reports from medical experts. The legal team of the defendant will also gather evidence to prove their side of a case including witness depositions as well as additional medical records.
After all evidence has been obtained, the attorneys attempt to reach an agreement. Usually, both sides will reach an agreement on a sum of money, and the lawsuit will end at this point. If the defendant doesn't settle the matter and the case goes 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.