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Erb's Palsy Legal Defense
A medical mistake during childbirth can damage the nerve system in the baby's neck and shoulder. This injury is referred to as Erb's Palsy and could cause long-term issues for the affected arm.
A brachial plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit could also make medical professionals accountable and avoid future birth injuries.
Birth injury lawsuits
A birth injury lawsuit may help a family receive the financial compensation they need to care for their child suffering from Erb's palsy. The lawsuit may also hold medical professionals responsible for their actions. erb's palsy law firm fort myers qualified Erb's palsy lawyer can assist a family through the legal procedure.
The condition occurs when the brachialplexus, a bundle of nerves that runs through the arm and shoulder is damaged. The most prominent symptom of Erb's Palsy is typically an inability to lift the affected arm above the head. It can be a challenge to bend the elbow or put the hand in the "waiter's tip" position. If both upper and lower nerves are injured the person could suffer from a severe form of brachial palsy.
It's typically the result of a medical mistake during a difficult delivery. Shoulder dystocia, for example is when the shoulders of the baby get stuck in the birth canal. Doctors can employ forceps to deliver an infant or a vacuum extraction device, but this can cause nerves to stretch, which can cause Erb's palsy.
A successful Erb’s palsy suit could result in compensation to pay for the victim's medical treatment now and in the future, including occupational therapy and physical therapy, surgeries and other equipment. Compensation may also be used to cover lost wages and pain and suffering.
Statute of limitations
The costs of caring for a child who suffers from Erb's palsy can be astronomical. Settlements can aid families in covering these costs. While a settlement won't be able to repair the harm your child sustained however, it could assist you in paying for medical treatment and other necessities for the rest of their lives. The value of your case will depend on the extent of your child's injuries and the amount of future care that they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and present it during an initial trial.
A majority of birth injury lawsuits are settled outside of court instead of going to trial. It can be costly and time-consuming for you to defend your rights in court. However, if your legal team can demonstrate that the healthcare professional acted out of deference and their negligence resulted in the injury to your child it could be possible to obtain a substantial settlement.
If you suspect that the shoulder injury suffered by your child was due to medical negligence, it is important to speak with an experienced erb's palsy attorney as soon as possible. Every state has a law that limits the time you must file a claim. You'll lose your right to sue if you do not meet this deadline. This is why it is essential to schedule a consultation as soon as you can.
Mediation
While a child suffering from Erb's Palsy can't be totally cure, treatment can improve their quality of life. Physical therapy is an essential component of recovery, because it can help restore the range of motion and strengthen the muscles of the hands and arms. This is only helpful in the event that the nerves haven't been ruptured or torn. If they were, then surgery may be required.
The root reason for Erb's palsy is damage to the brachial plexus nerves in the neck and shoulder. This is typically caused by a complication during the birth known as shoulder dystocia. This may occur when a baby becomes stuck beneath the pelvic bone (scapula). To try to get the baby out, medical personnel often use excessive traction and pressure on the head of the infant, which could cause damage to the nerves and spinal cord.
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, based on the severity of the injury.
It is essential to find an experienced lawyer who understands how to handle a birth injury case. These lawsuits are complicated and require thorough research into the medical documents of the victim. Additionally the statute of limitations can change in each state and must be carefully followed.
Trial
If Erb's condition is caused through medical negligence, the victim may be entitled to compensation for medical expenses for their child as well as loss of income and suffering and pain. An experienced lawyer who has handled birth injury cases can help families get the justice they deserve.
Injury to the brachialplexus can result in permanent and serious damage to the brachialplexus. In certain cases they can result in paralysis. This type of injury happens when a baby is in an open or large position, or during a difficult delivery. When doctors use force to deliver the baby the shoulder could get caught behind the mother's pelvic bone and compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia and can cause Erb's Palsy.
During this phase the lawyer will gather 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 the case such as witness depositions and additional medical records.
After all the evidence is obtained, the attorneys will attempt to come to an agreement. Usually, both sides will accept a certain amount of money, and the lawsuit will end at this point. However, if the defendant does not agree to settle, the case will be tried. During the trial, the jury and judge will listen to both sides and decide whether the defendant is accountable for your child’s injuries.
