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A medical mistake during childbirth can damage the nerve system in a baby's shoulder and neck. This injury is referred to as Erb's spalsy and may result in long-term complications for the affected arm.
A lawsuit for brachial plexus injuries can help families get justice and financial compensation. A successful lawsuit can also hold medical professionals accountable and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit can assist a family to receive the financial aid they need to care for their child with Erb's Palsy. A lawsuit may also ensure that medical professionals are held accountable for their actions. A lawyer with experience in the field of Erb's Palsy may be able to help family members navigate the legal process.
The condition is caused by the damage to a nerve bundle in the arm and shoulder called the brachial complex. The first symptom of Erb's paralysis is typically an inability to lift the affected arm above the head. It can also be difficult to bend the elbow or place the hand into a "waiter's tip" position. If both the lower and upper nerves are injured the patient may suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.
It's usually the result of a mistake made by the doctor during a difficult birth. For example the baby's shoulder can become stuck in the birth canal, a condition referred as shoulder dystocia. Doctors can use forceps to give birth to a baby or a vacuum extraction tool, however this can cause nerves to stretch, which can cause Erb's palsy.
A successful Erb's Palsy lawsuit can result in compensation for the patient's future and current treatment, including physical therapy, occupational therapy and surgery, as well as special equipment. Compensation could cover the cost of lost wages as well as pain and suffering, and erb's palsy attorney even the loss of wages.
Statute of limitations
The costs of caring for a child with Erb's palsy can be astronomical. A settlement could help families cover these expenses. A settlement can aid families in paying for medical care and other expenses throughout the course of your child's life. The value of your child's claim will be determined by the severity of their injuries as well as how much treatment they will require. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then present it at an initial trial.
The majority of birth injury lawsuits are settled out of court rather than going to trial. This is due to the fact that it can be more costly and time-consuming to fight for your rights in trial. If your legal team is able to show that the healthcare professional's negligence and unreasonably acted and acted in a way that is unreasonable, they could be successful in securing a significant settlement.
If you think your child's shoulder injury was caused by medical malpractice, it is important to consult a reputable erb's palsy attorney as soon as you can. Each state has a statute of limitations which sets the time limit for when you have to file your claim. You will lose the right to sue if are late. It is imperative to book your free consultation as soon as you can.
Mediation
Although a child's overall quality of life can be improved, the condition Erb's Palsy cannot be treated. Physical therapy is an important aspect of the recovery process and helps to restore movement and strengthen the muscles in the hands and arms. This can only be beneficial in the event that the nerves haven't ruptured or strained. If they were, surgery might be necessary.
The root cause of Erb's syndrome is abrachial plexus nerves in the neck and shoulder. This is most often caused by a problem during the birth process known as shoulder dystocia. It can happen when a baby is stuck under the mother's pelvic bone (scapula). In an attempt to get the baby out, medical professionals frequently use excessive traction and force on the infant's head, which can cause damage or injury to the spinal cord and nerves.
A doctor who was negligent in treating this condition could be held accountable for the injury. A settlement could pay for future medical costs and treatment costs based on the severity of the injury.
It is vital to choose an experienced lawyer who understands how to handle a birth injury case. These lawsuits can be complicated and require a thorough study of the medical documents of the victim. The time limit for each state may differ and must be complied with.
Trial
If medical negligence is a cause of the condition, the victims could be entitled to the right to compensation for their child's medical expenses, lost income as well as pain and discomfort. An attorney with experience in birth injury cases can help families get the justice they deserve.
Injuries to the brachialplexus could result in permanent and serious damage to the brachialplexus. In some cases, these injuries can cause paralysis. This type of injury happens when a baby is placed in an open or erb's Palsy attorney large position, or during the difficult delivery. When a doctor makes use of force to deliver the infant, the shoulder can become trapped behind the pelvic bone, causing it to compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia. It may also lead to Erb's syndrome.
During this stage your lawyer will begin gathering evidence to support your case, including written reports from medical experts. The legal team of the defendant will also collect evidence for their side and depositions from witnesses as well as additional medical documents.
After all the evidence is taken into consideration, the lawyers will try to reach an agreement. Usually, both sides agree to a specific amount of money and the lawsuit will be closed at this point. If the defendant doesn't settle the case and the case goes to court. During a trial the jury and judge will hear both sides' arguments and determine if the defendant was responsible for your child's injuries.
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