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A medical mistake during childbirth can damage the nerve system of the neck and shoulder of a newborn baby. This condition, also known as Erb's'Palsy', can cause long-term complications in the affected arm.
A brachial plexus injury lawsuit can aid families in receiving financial compensation and justice. A successful lawsuit can also keep medical professionals accountable and avoid future birth injuries.
Birth injury lawsuits
A birth injury lawsuit may assist a family to receive the financial compensation they require to care for a child with Erb's palsy. The lawsuit can also hold the medical professionals responsible for their actions. A qualified Erb's palsy lawyer can help a family navigate the legal process.
The condition is caused by damage to a bundle of nerves in the shoulder and arm called the brachial plexus. The first sign of Erb's Palsy is the inability of lifting the affected arm above your head. It can also be difficult to bend your elbow or place your hand in the "waiter tip" position. If both upper and lower nerves have been damaged the patient may be suffering from a severe form of brachial palsy.
It's usually the result of an error made by the doctor during a difficult birth. For instance the baby's shoulders could get stuck in the birth canal, a condition known as shoulder dystocia. Doctors may use forceps, or vacuum extractors to deliver the baby however, this can cause stretching of the nerves and lead to Erb's palsy.
A successful erb's palsy attorneys palsy lawsuit can result in compensation for the victim's ongoing and future treatment which includes occupational therapy, physical therapy or surgery, as well as other equipment. Compensation could also be used to pay for lost wages as well as suffering and pain.
Statute of limitations
The cost of caring for an erb's palsy lawsuit Palsy child can be astronomical. Compensation from a settlement can help families cover these expenses. While a settlement can't undo the injury your child suffered but it can allow you to pay for medical treatments and other necessities for the rest of their lives. The value of your child's lawsuit will be based on the severity of their injuries and how much future treatment they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and present it during an initial trial.
The majority of birth injury lawsuits are settled outside of court instead of going to trial. This is because it may be more costly and time-consuming to fight for your rights during trial. If your legal team can demonstrate that the healthcare professional acted out of deference and that their negligence caused the injury of your child, they may be able to secure a substantial settlement.
If you think that the shoulder injury suffered by your child was the result of medical malpractice It is crucial to consult a reputable erb's palsy attorney as soon as you can. Every state has a statute of limitation that sets a limit on how long you have to file a claim. If you fail to file your claim within this time, you will lose your right to sue forever. It is crucial to arrange your free consultation as quickly as possible.
Mediation
While a child's quality of life can be improved, Erb's Palsy cannot be treated. Physical therapy is an important aspect of the recovery process to help restore range of movement and strengthen the muscles of the hands and arms. But, this can only be beneficial if the nerves aren't rupturing or torn. If they were, surgery might be required.
The underlying cause of Erb's palsy is the damage to the brachial nerves of the plexus in the shoulder and neck. It is usually caused by a complication that occurs during birth, which is known as shoulder dystocia. This can occur when a baby is stuck beneath the pelvic bone of the mother (scapula). To try to get the baby out, medical personnel often use excessive traction and force on the infant's head, which can cause damage to the nerves and spinal cord.
A doctor who has been negligent in treating this condition can be held liable for the injuries. Settlements can be used to be used to pay for future medical expenses and treatment costs, based on the severity of an injury.
It is imperative to employ an experienced lawyer who is aware of how to handle a birth injury case. These lawsuits are often complicated and require extensive research into the medical records of the victim. In addition, the statute of limitations could vary in every state and must be carefully observed.
Trial
When Erb's palsy is caused by negligence in the medical field, victims could be entitled to compensation for their child's medical expenses, loss of income, and suffering and pain. An attorney with experience in birth injury cases can help families receive the justice they deserve.
Brachial plexus injuries can cause serious and permanent damage. In certain cases they can cause paralysis. This type of injury occurs when a baby is in a breech or large position or is experiencing the difficult delivery. When a physician uses a lot of force to deliver a baby the shoulder can become trapped behind the mother's pelvic bone, causing the shoulder nerves to become compressed, stretched, or Erb's palsy torn. This is known as shoulder dystocia and can cause Erb's palsy.
In this phase, your lawyer will gather evidence for your case, such as written reports from medical experts. The legal team of the defendant will also collect evidence to back their side of the story including witness depositions as well as additional medical documents.
After all evidence has been collected, the attorneys will try to reach an agreement. In most cases the parties will reach an agreement on a specific amount. The lawsuit will be concluded. However, if the defendant doesn't agree to settle the case, it will be heard at trial. During a trial, a jury and judge will listen to both sides' arguments, and then decide whether the defendant was accountable for the injuries your child sustained.
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