Erb's Palsy Legal Defense

A medical error during childbirth could damage the nerve system in a baby’s neck and shoulder. This injury, commonly referred to as Erb's Palsy, may cause long-term problems in the affected arm.

A brachial-plexus injury lawsuit can aid families in receiving justice and financial compensation. A successful lawsuit can make medical professionals accountable and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit could help a family receive the financial compensation required to care for their child with Erb’s palsy. A lawsuit can also ensure that medical professionals are held accountable for their actions. A lawyer who is experienced in the field of Erb's palsy can assist family members navigate the legal procedure.

The condition is caused when the brachialplexus, a nerve bundle that runs through the shoulder and arm is damaged. The first symptom of Erb's syndrome is an inability to lift the affected arm above the head. It can also be difficult to bend your elbow or position your hand in an "waiter tip" position. If both the upper and lower nerves are damaged the patient may suffer from a more severe version of the condition referred to as total or global brachial plexus palsy.

It's usually due to a mistake made by a doctor during a difficult birth. Shoulder dystocia, for example, is when the baby's shoulders get stuck in the birthing canal. Doctors can use forceps or a vacuum extractor to deliver the infant however, this can cause stretching of the nerves and cause Erb's palsy.

A successful Erb's Palsy lawsuit could result in compensation for the victim's current and future treatment such as occupational therapy, physical therapy surgeries, and other equipment. Compensation could cover the loss of wages as well as pain and suffering, and even lost wages.

Statute of limitations

The cost of caring for erb's Palsy a child who suffers from Erb's palsy can be astronomical. Settlements can assist families with these costs. Settlements can assist families with medical care and other expenses throughout the life of your child. The worth of your child's case will be based on the severity of their injuries as well as the amount of treatments they may require. Your MA Erb’s Palsy lawyer and your physician will determine the worth of your case and present it at a trial.

The majority of birth-related injury lawsuits are settled out of court, rather than going to trial. It can be costly and time-consuming for you to defend your rights in court. However, if your legal team can prove that the healthcare professional acted out of deference and that their negligence caused the injury to your child They may be able to win you a substantial settlement.

You should consult with an experienced Erb's Palsy lawyer as quickly as you suspect that the shoulder injury suffered by your child was a result of medical malpractice. Every state has a law which limits the time you have to file a claim. You will lose the right to sue if you do not meet this deadline. For this reason, it is imperative to set up a free consultation as soon a time as you can.

Mediation

While children with Erb's Palsy can't be totally cured, treatment can help improve their quality of life. Physical therapy is an essential part of the recovery process to help restore range of motion and strengthen the muscles in the hands and arms. This is only helpful when the nerves aren't ruptured or torn. If they were, surgery may be necessary.

The underlying cause of Erb's syndrome is the damage to the brachial muscles in the neck and shoulder. This is caused most commonly by shoulder dystocia. This is a birthing complication. It is a condition that occurs when a baby gets stuck in the pelvic bone of the mother's pelvis (scapula). To try to get the baby out, medical professionals typically use excessive traction and pressure on the infant's head which could cause damage to the nerves and spinal cord.

A doctor who was negligent in treating the condition may be held responsible for the injury. Based on the severity of the injury and the expected medical costs, a settlement can cover the cost of treatments and other expenses.

It is essential to choose an attorney who has experience in handling birth injury cases. These lawsuits are often complicated and require extensive research into the victim's medical records. In addition, the statute of limitations can vary in every state and must be carefully followed.

Trial

When Erb's palsy is caused by negligence in the medical field, victims may be entitled to compensation for their child's medical expenses or loss of income and suffering and pain. An attorney with experience in birth injury cases can help families get the justice they deserve.

Injuries to the brachial nerve can cause serious and permanent damage to the brachial plexus. In certain cases they can cause paralysis. This type of injury can occur when a baby is placed in an elongated or breech position or undergoing a difficult delivery. If a doctor applies excessive force to deliver an infant the shoulder could become trapped behind the mother's pelvic bone, causing the shoulder nerves to become compressed, stretched, or torn. This is known as shoulder dystocia and can cause Erb's syndrome.

During this phase your lawyer will collect evidence for your case, such as written reports from medical experts. The legal team of the defendant will collect evidence to support their side of the case, including witness depositions and additional medical records.

Once all evidence has been collected, the attorneys will attempt to reach an agreement. In most cases, both parties will agree to a certain amount. The lawsuit will be closed. However, if the defendant doesn't agree to settle the case, it will be heard at trial. During the trial, the jury and judge will hear both sides and decide whether the defendant is accountable for your child’s injuries.