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Erb's Palsy Legal Defense
A medical error made during childbirth may damage the nerve system in a baby's shoulder and neck. This condition, also known as Erb's Palsy, can cause long-term complications in the affected arm.
A brachial plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit may also ensure that medical professionals are held accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family get the financial aid they need to care for a child with Erb's palsy. The lawsuit can also hold medical professionals responsible for their actions. A lawyer with experience in the field of Erb's palsy can assist families navigate the legal process.
The condition is caused by the brachialplexus, a bundle of nerves that runs through the arm and shoulder is damaged. The first sign of Erb's Palsy is the inability to raise the affected arm above your head. It may be a challenge to bend the elbow or put the hand into the "waiter's tip" position. If both upper and lower nerves have been damaged, the victim could suffer from a severe type of brachial palsy.
It's usually the result of an error made by the doctor during a difficult birth. For erb's palsy attorney jacksonville may get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may employ forceps or vacuum extractors to deliver the baby, but this can stretch the nerves and cause Erb's palsy.
A successful Erb's Palsy lawsuit can result in compensation for the patient's treatment currently and in the future which includes occupational therapy, physical therapy, surgery, and special equipment. Compensation can also 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 staggering. Settlements can help families cover these costs. A settlement can assist families with medical treatment and other necessities throughout the lifetime of your child. The value of your case will be contingent on the extent of your child's injuries and the amount of treatment that they might require. Your MA Erb's Palsy lawyer and your physician will determine the worth of your case and present it in a court trial.
Most birth 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. If your legal team can demonstrate the medical professional's negligence and unreasonably acted the way they did, they could succeed in securing a significant settlement.
If you think that your child's shoulder injury was due to medical negligence it is imperative to consult a reputable Erb's Palsy lawyer as quickly as you can. Every state has a statute which limits the time you have to submit an action. You'll lose your right to sue if miss this deadline. It is for this reason that it is crucial to set up a free consultation as soon a time as you can.
Mediation
Although a child's overall quality of life can be improved, Erb's ailment is not curable. Physical therapy is a crucial aspect of the recovery process in that it can help restore motion and strengthen the muscles of the hands and arms. However, this will only help if the muscles are not torn or ruptured. If they were, then surgery might be required.
The underlying reason for Erb's palsy is the damage to the brachial plexus nerves in the neck and shoulder. It is usually caused by shoulder dystocia. This is a birthing complications. It can occur when a baby gets stuck under the pelvic bone of the mother. In order to free the baby, medical professionals might use excessive force and use traction on the skull of the infant, which can damage the spinal cord and nerves.
A doctor who failed to treat the condition could be held accountable for the injury. A settlement can be used to pay for future medical expenses and treatment costs based on the severity of the injury.
It is crucial to select a lawyer who has experience in handling birth injury cases. These lawsuits can be complicated and require a lot of research into the medical records of the victim. The time limit for each state may differ and must be adhered to.
Trial
If medical negligence is a cause of Erb's palsy, the victims could be entitled to an award for their child's medical expenses, lost income as well as discomfort and pain. A lawyer with experience in birth injury lawsuits can assist families in receiving the justice they deserve.
Injury to the brachialplexus can result in permanent and serious damage to the brachialplexus. In certain cases they may lead to paralysis. This kind of nerve injury typically occurs during a difficult birth, when a baby is large or is in a breech position. When doctors use force to deliver the baby the shoulder may become caught behind the mother's pelvic bone, causing it to compress or stretch the shoulder nerves. This is known as shoulder dystocia. It could lead to Erb's Palsy.
During this stage your lawyer will begin gathering evidence to support your case, such as written reports from medical experts. The lawyer representing the defendant will also collect evidence for their side of the case such as depositions of witnesses and other medical records.
After all the evidence has been gathered the lawyers will try to reach a settlement. Usually, both sides will reach an agreement on a sum of money, and the lawsuit will be concluded at this point. However, if the defendant is not willing to settle, the case will be heard at trial. During a trial the jury and judge will listen to both sides' arguments and determine whether the defendant was accountable for the injuries your child sustained.
