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Erb's Palsy Legal Defense A medical mistake during childbirth could damage the nerves' network in the neck and shoulder of a newborn baby. This condition, also known as Erb's Palsy, may cause long-term issues in the affected arm. A lawsuit for brachial plexus injuries can assist families in obtaining justice and financial compensation. A successful lawsuit could also ensure that medical professionals are held accountable and prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit may assist a family to receive the financial relief they need to provide care for a child suffering from Erb's palsy. A lawsuit could also hold medical professionals accountable for their actions. A qualified Erb's Palsy lawyer can help a family navigate the legal procedure. The condition is caused by damage to a bundle of nerves 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 may also be difficult to bend your elbow or position your hand in a “waiter tip” position. If both the lower and upper nerves are damaged the patient could suffer from a more severe version of the condition referred to as global or total brachial plexus palsy. It's often a result of a medical mistake during a difficult birth. Shoulder dystocia, for instance is when the baby's shoulders become stuck in the birthing canal. Doctors may use forceps to deliver an infant or use a vacuum extraction device, but this could stretch nerves and cause Erb's aplasia. A successful Erb's Palsy lawsuit could result in compensation for the victim's current and future treatment which includes occupational therapy, physical therapy surgeries, and other equipment. Compensation can also compensate for lost wages and suffering and pain. Statute of limitations The cost of caring for an Erb's palsy child can be enormous. Compensation from a settlement can assist families with these costs. While a settlement cannot undo the harm your child sustained however, it could assist you in paying for medical treatment and other necessities for the rest of their lives. The value of your child's case will be based on the extent of their injuries and how much future treatments they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this 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 expensive and time-consuming to fight your rights in court. If your legal team can demonstrate that the healthcare professional acted in a way that was unreasonable and that their carelessness caused the injury to your child it could be possible to secure a substantial settlement. You should consult with an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury suffered by your child was caused by medical malpractice. Every state has a statute of limitation that sets an amount of time you must file your claim. You'll lose your right to sue if you miss this deadline. Therefore, it is crucial to schedule a consultation as soon as you can. Mediation While a child with Erb's syndrome can't be completely cured, treatment can help improve their quality of life. Physical therapy is a crucial element of recovery to help restore range of motion and strengthen the muscles of the hands and arms. However, it can only help if the muscles aren't ruptured or strained. If erb's palsy law firm round rock were, surgery may be required. The brachial nerves in the shoulder and neck are damaged. This is typically caused by a problem during delivery known as shoulder dystocia. This may occur when a baby is stuck beneath the pelvic bone of the mother (scapula). In order to free the baby, medical personnel may use excessive force and tension on the skull of the infant which could cause damage to the spinal cord and nerves. A doctor who is negligent in treating the condition could be held accountable for the injury. A settlement can pay for future medical costs and treatment costs depending on the severity of an injury. It is crucial to hire an experienced lawyer who knows how to handle a birth-related injury case. These lawsuits are complex and require thorough research into the medical records of the victim. In addition, the statute of limitations can vary from state to state and must be adhered to. Trial When the cause of Erb's syndrome is by medical negligence, victims may be entitled to compensation for medical expenses for their child and income loss and pain and suffering. A lawyer with experience in birth injury lawsuits can assist families to receive the justice they deserve. Injuries to the brachial nerve can result in permanent and severe damage. In certain cases they may lead to paralysis. This kind of injury occurs when a baby is placed in the breech or in a large position or is experiencing an extremely difficult delivery. When the doctor uses force to deliver the baby, the shoulder can become caught behind the mother's pelvic bone, causing it to compress or stretch the shoulder nerves. This is called shoulder dystocia. It can cause Erb's palsy. During this phase the lawyer will gather evidence to support your case, such as written reports from medical experts. The legal team representing the defendant will also gather evidence to support their side and depositions from witnesses and additional medical documents. After all the evidence has been collected, lawyers will try to negotiate an agreement. Usually, both sides will reach an agreement on a sum of money and the lawsuit is over at this point. However, if the defendant is not willing to settle, the case will be tried. During a trial, the jury and judge will hear both sides' arguments and decide whether the defendant is responsible for the injuries your child sustained.