Erb’s Palsy Legal Defense

A medical error during childbirth can damage the nerve network of the neck and shoulder area of a newborn’s. This injury, known as Erb’s palsy, could cause long-term issues in the affected arm.

A brachial-plexus injury lawsuit can assist families to receive financial compensation and justice. A successful lawsuit can also ensure that medical professionals are accountable and help prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family receive the financial aid they need to provide care for a child with Erb’s palsy. The lawsuit may also hold the medical professionals accountable for their actions. A lawyer who is experienced in Erb’s Palsy can help families navigate the legal procedure.

The condition is caused by the damage to a nerve bundle in the arm and shoulder called the brachial plexus. The first sign of the condition is the inability of lifting the affected arm above your head. It can be a challenge to bend the elbow or place the hand in the “waiter’s tip” position. If both upper and lower nerves are damaged the person could suffer from a severe case of brachial palsy.

It’s usually the result of a mistake made by a doctor during a difficult birth. For example the baby’s shoulders could get stuck in the birth canal, a condition referred as shoulder dystocia. Doctors can use forceps or a vacuum extractor to deliver the baby however, this can cause stretching of the nerves and cause Erb’s palsy.

A successful erb’s palsy lawsuit (Littleyaksa Yodev published an article) could result in compensation for the victim’s current and future treatment such as physical therapy, occupational therapy, surgery, and special equipment. Compensation can cover lost wages or pain and suffering as well as even the loss of wages.

Statute of limitations

The cost of caring for an Erb’s Palsy child can be astronomical. A settlement could assist families with these expenses. While a settlement can’t undo the injury your child suffered but it can help you afford medical treatment and other necessities for the rest of their life. The value of your case will depend on the severity of your child’s injuries and the amount of future care that they might require. Your MA Erb’s Palsy Lawyer will work with your doctor to determine the value and present it during an investigation.

The majority of birth injury lawsuits are settled outside of court, rather than going to trial. This is because it may be more expensive and time-consuming to fight for your rights in trial. However, if your legal team can demonstrate that the healthcare professional was unreasonably and that their carelessness caused your child’s injury and/or death, they could be able to obtain a substantial settlement.

Contact a seasoned Erb’s palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was due to medical malpractice. Each state has a statute that restricts the time you must make a claim. If you do not file your claim by the deadline and you do not file your claim, you forfeit your right to sue forever. It is imperative to make an appointment for a free consultation as quickly as you can.

Mediation

Although a child’s quality of life can be improved, Erb’s Palsy is not curable. Physical therapy is an essential aspect of the recovery process to help restore motion and strengthen the muscles of the hands and arms. However, it can only help if the muscles aren’t ruptured or strained. If they were, surgery may be required.

The brachial nerves in the shoulder and neck are damaged. It is usually caused by shoulder dystocia, a birthing complications. This can occur when a newborn is trapped under the mother’s pelvic bone (scapula). In the attempt to pull the baby free, erb’s palsy lawsuit medical professionals often use excessive traction or force on the head of the infant, which can cause damage or injury to the spinal cord and nerves.

A doctor who was negligent in treating this disease can be held responsible for the injury. Based on the severity the injury and the estimated future 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 handle a birth-related injury case. These lawsuits are extremely complex and require a thorough study of the medical records of the victim. The time limits in each state can be different and must be observed.

Trial

If medical negligence is the root cause of Erb’s Palsy, patients may be entitled compensation for their child’s medical expenses, lost income, and discomfort and pain. A lawyer with experience in birth injury cases can help families receive the justice they deserve.

Injury to the brachialplexus can result in permanent and severe damage. In some instances, they can lead to paralysis. This type of injury can occur when a baby is in an elongated or breech position or is experiencing an uneasy delivery. If a doctor applies excessive force to deliver a baby the shoulder could become trapped behind the mother’s pelvic bone, which causes the shoulder nerves to be compressed, stretched, or torn. This is called shoulder dystocia and can cause Erb’s palsy.

In 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 collect evidence to support their side of the story, including witness depositions and additional medical documents.

After all the evidence is collected, the attorneys will attempt to reach an agreement. In most cases the parties will agree to a certain amount of money. The lawsuit will then be closed. If the defendant does not agree to settle the case, it goes to trial. During a trial, the judge and jury will hear both sides’ arguments and decide whether the defendant is responsible for the injuries your child sustained.