Erb's Palsy Legal Defense
A mistake made during childbirth could damage the nerves' network in the neck and shoulder of a newborn baby. This type of injury is known as Erb's palsy and can cause long-term complications for the affected arm.
A brachial-plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit could also bring medical professionals to account and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit may help a family receive the financial relief needed to provide care for their child who suffers from Erb's palsy. erb's palsy law firm maine may also hold medical professionals accountable for their actions. A qualified Erb's palsy lawyer can guide a family through the legal process.
The condition is caused by the damage to a nerve bundle in the shoulder and arm called the brachial complex. The most obvious sign of Erb's Palsy is typically an inability to lift the affected arm above the head. It may also be difficult to bend your elbow or put your hand in the "waiter tip" position. If both the lower and upper nerves are damaged the patient may suffer from a more severe form of the condition referred to as total or global brachial plexus palsy.
It's typically the result of a medical mistake during a difficult delivery. Shoulder dystocia for instance is when the baby's shoulders become stuck in the birthing canal. Doctors can use forceps to give birth to a baby or a vacuum extraction tool, however this may stretch the nerves which can cause Erb's palsy.
A successful Erb’s palsy suit could result in compensation that will cover the patient's treatment today and in the future, including occupational therapy and physical therapy, surgery and special equipment. Compensation could also compensate for lost wages and pain and suffering.
Statute of limitations
The cost of caring for an Erb's Palsy child can be exorbitant. Compensation from a settlement can aid families in covering these costs. While a settlement can't undo the injury that your child suffered but it will allow you to pay for medical treatments and other necessities for the remainder of their lives. The value of your child's claim will be based on the extent of their injuries and the amount of future treatment they may need. Your MA Erb's Palsy Lawyer will work with your doctor to determine the worth and present it at a trial.
A majority of birth injury lawsuits are settled out of court instead of going to trial. It can be expensive and time-consuming for you to defend your rights in court. If your legal team is able to demonstrate the medical professional's negligence and acted in a way that was unreasonable or acted, they may succeed in securing a significant settlement.
Contact a seasoned Erb's Palsy lawyer as quickly as you suspect that the shoulder injury suffered by your child was due to medical negligence. Every state has a statute that restricts the time you must file a claim. If you fail to file your claim within this time, you will lose your right to sue for ever. It is for this reason that it is essential to schedule a consultation as soon a time as you can.
Mediation
Although a child's quality of life can be improved, Erb's Palsy cannot be treated. Physical therapy is an essential aspect of recovery since it aids in restoring mobility and strengthen the muscles of the arms and hand. But, this can only be beneficial if the nerves aren't ruptured or strained. If they were, surgery might be necessary.
The underlying cause of Erb's Palsy is the damage to the brachial nerves that run through the neck and shoulder. This is typically caused by shoulder dystocia, a birthing complications. It can occur when a child is trapped under the pelvic bone of the mother. In the attempt to pull the baby out, medical staff often use excessive traction or pressure on the head of the infant, which can cause damage or injury to the spinal cord and nerves.
A doctor who is negligent in treating this condition could be held accountable for the injuries. Depending on the severity the injury and the anticipated medical costs A settlement may be used to pay for treatments and other expenses.
It is essential to find an experienced lawyer who understands how to deal with a birth injury lawsuit. These lawsuits can be complicated and require a thorough investigation of the medical records of the victim. The time limits in each state may differ and must be adhered to.
Trial
If medical negligence is the root cause of the condition, the victims may be entitled compensation for their child's medical expenses, lost income and pain and discomfort. An experienced lawyer who has handled birth injury cases can assist families get the justice they deserve.
The brachial plexus can cause permanent and severe damage to the brachial plexus. In some instances these injuries can result in paralysis. This type of injury can occur when a baby is placed in the breech or in a large position or during an uneasy delivery. When a doctor uses force to deliver the baby the shoulder may get stuck behind the pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia. It can also cause Erb's palsy.
In this stage, your lawyer will collect evidence to support your case. This may include medical reports in writing. The legal team representing the defendant will also gather evidence for their side, including depositions from witnesses and additional medical documents.
Once all evidence has been gathered the lawyers will seek to negotiate an agreement. In most cases both parties will settle on a specific amount. The lawsuit will then end. If the defendant is unwilling to settle the case the case will be taken to court. During a trial, a jurors and the judge will consider both sides' arguments and determine if the defendant was responsible for your child's injuries.