Erb's Palsy Legal Defense
A medical error during childbirth can damage the nerves' network in a baby's shoulder and neck. This injury is referred to as Erb's palsy. It can result in long-term complications for the affected arm.
A brachial plexus lawsuit can aid families in receiving justice and financial compensation. A successful lawsuit can also ensure that medical professionals are held accountable and help prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit may aid a family in receiving the financial compensation needed to provide care for their child who suffers from Erb's palsy. A lawsuit can also make medical professionals accountable for their actions. A lawyer who is experienced in Erb's Palsy can help family members navigate the legal process.
The condition occurs when the brachialplexus, a bundle of nerves that connects the arm and shoulder is damaged. The primary sign of Erb's psy is the inability to lift the affected arm above your head. You may also find it difficult to bend your elbow or position your hand in a "waiter tip" position. If both the lower and upper nerves are injured the patient may suffer from a more severe form of the condition known as total or global brachial plexus palsy.
It's usually the result of a medical error during a difficult delivery. For example the baby's shoulders could become stuck in the birth canal, which is known as shoulder dystocia. Doctors may employ forceps or a vacuum extractor to deliver the infant however, this can cause stretching of the nerves and result in Erb's palsy.
A successful Erb's palsy lawsuit can result in compensation for a patient's treatment currently and in the future such as occupational therapy, physical therapy or surgery, as well as other equipment. Compensation may also be used to pay for lost wages as well as pain and suffering.
Statute of limitations
The cost of caring for an Erb's palsy child can be staggering. Settlements can help families pay for these expenses. While a settlement won't be able to repair the injury your child suffered, it can help you afford medical treatment and other necessities for the remainder of their life. The value of your case will depend on the severity of your child's injuries and the amount of treatment that they may require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then defend it in 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 to defend your rights in court. If your legal team is able to prove the healthcare professional's negligence and acted in a way that was unreasonable the way they did, they could succeed in securing a substantial settlement.
You should contact an experienced Erb's palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was the result of medical negligence. Every state has a statute of limitations which sets the time frame for when you have to submit your claim. You'll lose your right to sue if you are late. This is why it is important to schedule a consultation as soon a time as you can.
Mediation
Although a child's quality life can be improved, Erb's ailment is not curable. Physical therapy is an essential element of recovery to help restore movement and strengthen the muscles of the arms and hands. This can only be beneficial when the nerves haven't ruptured or strained. If erb's palsy attorneys costa mesa were, surgery might be required.
The brachial nerves in the shoulder and neck are damaged. This is typically caused by shoulder dystocia. This is a birthing complications. This can occur when a baby becomes stuck under the mother's pelvic bone (scapula). In order to help get the baby out, medical staff frequently use excessive traction and pressure on the infant's head, which can cause damage to spinal cord and nerves.
A doctor who was negligent in treating this problem can be held accountable for the injuries. A settlement could be used to cover future medical expenses and treatment costs depending on the severity of an injury.
It is vital to choose an experienced lawyer who is aware of how to handle a birth injury case. These lawsuits are complicated and require extensive research into the medical records of the victim. The time limit for states can differ and must be complied with.
Trial
If Erb's condition is caused by medical negligence, victims could be entitled to compensation for medical expenses incurred by their child, loss of income, and pain and suffering. A lawyer who has experience in bringing lawsuits for birth injuries will assist families in getting the justice they deserve.
The brachialplexus is a muscle that can be injured and result in permanent and severe damage. In certain instances, these injuries can cause paralysis. This type of nerve injury generally occurs during a difficult birth, when a baby is oversized or is in a breech position. When doctors use force to deliver the infant the shoulder could get caught behind the mother's pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia. It may also lead to Erb's palsy.
During this stage, your lawyer will gather evidence for your case, including written reports from medical experts. The lawyer representing the defendant will also gather evidence for their side which includes depositions of witnesses as well as additional medical documents.
Once all the evidence has been gathered, the lawyers will seek to negotiate a settlement. In most cases both parties will settle to a certain amount. The lawsuit will then end. However, if the defendant is not willing to settle, the case will be tried. During the trial the judge and jury will listen to both sides and decide whether the defendant is responsible for your child's injuries.