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A medical mistake during childbirth could damage the nerve system of the neck and shoulder of a newborn baby. This injury, known as Erb's palsy, could cause long-term issues in 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 can assist a family to receive the financial compensation they need to take care of a child with Erb's palsy. The lawsuit could also hold the medical professionals responsible for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal procedure.
The condition occurs when 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 can also be difficult to bend your elbow, or put your hand in the "waiter tip" position. If both the lower and upper nerves are injured the patient could suffer from a more severe form of the condition known as total or global brachial plexus palsy.
It's usually the result of a mistake made by an obstetrician during a difficult birth. Shoulder dystocia for instance is when the shoulders of the baby are stuck in the birthing canal. Doctors may use forceps, or an extractor vacuum to deliver the infant however, this can cause stretching of the nerves and lead to Erb's palsy.
A successful Erb's palsy lawsuit can result in compensation for the patient's treatment currently and in the future, including physical therapy, occupational therapy and Erb's palsy lawyer surgery, as well as special equipment. Compensation may cover the cost of lost wages as well as pain and suffering, and even lost wages.
Statute of limitations
The cost of caring for an erb's palsy lawyers Palsy child can be astronomical. Settlements can assist families with these costs. Settlements can aid families in paying for medical treatment and other necessities throughout the course of your child's life. The value of your child's case will be based on the severity of their injuries and how much treatments they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and then present it at an investigation.
The majority of birth injury lawsuits end up in court, instead of going to trial. It can be costly and time-consuming to fight your rights in court. If your legal team can demonstrate that the healthcare professional acted unreasonably and that their negligence caused the injury of your child it could be possible to obtain a substantial settlement.
If you think that the shoulder injury your child suffered was caused by medical malpractice it is imperative to contact an experienced Erb's Palsy lawyer as quickly as possible. Every state has a law that restricts the time you must submit a claim. If you miss this deadline and you do not file your claim, you forfeit your right to sue forever. It is for this reason that it is essential to set up a free consultation as soon as you are able to.
Mediation
While a child with Erb's syndrome can't be completely treated, it can improve their quality of life. Physical therapy is an important component of the healing process, as it helps restore motion and strengthen the muscles of the hands and arms. This is only helpful when the nerves aren't been torn or ruptured. If they were, surgery might be necessary.
The brachial nerves of the shoulder and neck are damaged. This is most often caused by shoulder dystocia, which is a birthing complication. It is a condition that occurs when a baby gets stuck beneath the pelvic bone of the mother (scapula). To free the baby, medical staff may resort to excessive force and traction on the infant's skull which could cause damage to the spinal cord and nerves.
A doctor who is negligent in treating the condition may be held accountable for the injury. Depending on the severity of the injury and the projected medical costs the settlement could pay for treatment and other expenses.
It is crucial to select an attorney with experience in handling birth injury cases. These lawsuits can be complex and require extensive investigation into the medical records of the victim. The time limit for each state may differ and must be adhered to.
Trial
When the cause of Erb's syndrome is due to medical negligence, the victims may be entitled to compensation for medical expenses incurred by their child, loss of income, and pain and suffering. A lawyer who has expertise in lawsuits involving birth injuries can help families receive the justice they deserve.
Injuries to the brachial plexus can result in permanent and severe damage to the brachial plexus. In some instances they can cause paralysis. This type of injury occurs when a baby is in an elongated or breech position or is experiencing an extremely difficult delivery. When a doctor uses force to deliver the baby the shoulder may become stuck behind the mother's pelvic bone, Erb's palsy lawyer which can compress or stretch the shoulder nerves. This is known as shoulder dystocia. It may also lead to Erb's palsy.
In this stage your lawyer will gather evidence for your case. This may include written reports from medical professionals. The legal team of the defendant will also gather evidence to prove their side of the story which includes witness depositions, as well as additional medical records.
Once all evidence has been collected, the lawyers will try to reach an agreement. In the majority of cases the parties will agree to a certain amount of money. The lawsuit will then end. However, if the defendant does not agree to settle the case, it will go to trial. During the trial, the jury and judge will consider both sides and decide whether the defendant is responsible for your child's injuries.
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