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A mistake made during childbirth may damage the network of nerves in the neck and shoulder of a baby's. This condition, also known as Erb's Palsy, may cause long-term complications for the affected arm.
A brachial plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit can also keep medical professionals accountable and prevent further birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family receive the financial aid they need to care for a child with Erb's palsy. A lawsuit can also ensure that medical professionals are held accountable for their actions. An experienced Erb's-Palsy lawyer can assist a family through the legal process.
The condition is caused by the damage to a nerve bundle in the arm and shoulder known as the brachial plexus. The first sign of the condition is the inability to raise the affected arm above your head. It could also be difficult to bend the elbow or place the hand in the "waiter's tip" position. If both the upper and lower nerves are damaged the patient could suffer from a more severe form of the condition referred to as global or total brachial plexus palsy.
It's usually due to a mistake made by doctors during a challenging birth. Shoulder dystocia for instance, is when the shoulders of the baby become stuck in the birthing canal. Doctors can employ forceps to deliver an infant or use a vacuum extraction tool, but this may stretch the nerves and cause Erb's aplasia.
A successful Erb's palsy lawsuit can result in compensation for the patient's future and current treatment which includes physical therapy, occupational therapy, surgery, and special equipment. Compensation can cover the loss of wages, Erb's Palsy attorney pain and suffering, and even the loss of wages.
Statute of limitations
The costs of caring for a child who suffers from Erb's palsy can be astronomical. Settlement settlements can aid families in covering these costs. A settlement can assist families with medical treatment and other necessities throughout the lifetime of your child. The value of your case will be contingent on the extent of your child's injuries, as well as the amount of future care that they may require. Your MA Erb’s Palsy Lawyer and doctor will determine the value of your case, which they will present during a court trial.
Most birth injury lawsuits are settled out of court rather than going to trial. It can be expensive and time-consuming to defend your rights in court. However, if your legal team can demonstrate that the healthcare professional acted unreasonably and their negligence led to your child's injury and/or death, they could be able to negotiate a significant settlement.
If you suspect that your child's shoulder injury was the result of medical malpractice it is imperative to speak with an experienced erb's palsy attorney as soon as you can. Each state has its own statute of limitation that sets the time frame for when you have to file your claim. You'll lose the right to sue if miss this deadline. It is imperative to arrange your free consultation as quickly as possible.
Mediation
While children with Erb's syndrome can't be completely cure, treatment can improve their quality of life. Physical therapy is an important aspect of the recovery process to help restore range of movement and strengthen the muscles in the hands and arms. This can only be beneficial if the nerves have not been torn or ruptured. If they were, surgery may be necessary.
The brachial nerves in the neck and shoulder are damaged. This is typically caused by a condition that occurs during the birth known as shoulder dystocia. It can occur when a child is trapped in the pelvic bone of a mother's birth. In order to help get the baby out, medical staff typically 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 has been negligent in treating this problem can be held accountable for the injuries. Settlements can pay for future medical costs and treatment costs based on the severity of an injury.
It is essential to find an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits can be complicated and require extensive investigation into the victim's medical records. Furthermore, the statute of limitations may vary in every state and must be carefully followed.
Trial
When Erb's palsy is caused due to medical negligence, the victims may be entitled to compensation for medical expenses for their child or loss of income and pain and suffering. A lawyer with experience in birth injury cases can help families receive the justice they deserve.
Injury to the brachialplexus can result in permanent and severe damage. In certain cases they may lead to paralysis. This type of nerve injury usually occurs during labor that is difficult, when the baby is large or is in a breech position. When a doctor uses force to deliver the infant, the shoulder can become caught behind the mother's pelvic bone and compress or stretch the shoulder nerves. This is called shoulder dystocia. It can result in Erb's Palsy.
During this phase your lawyer will begin gathering evidence for your case, such as written reports from medical experts. The legal team of the defendant will collect evidence to back their side of a case such as witness depositions and additional medical records.
Once all the evidence has been gathered the lawyers will attempt to reach a settlement. In most cases the parties will agree on a specific amount. The lawsuit will then be closed. If the defendant is unwilling to settle the case and the case goes to the court. During a trial, the judge and jury will hear both sides' arguments and determine whether the defendant was accountable for the injuries your child sustained.
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