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Erb's Palsy Legal Defense A medical error during childbirth can damage the nerve system of the baby's neck and shoulder. The injury is known as Erb's spalsy and may result in long-term complications for the affected arm. A brachial plexus injury lawsuit can provide families with justice and financial compensation. A successful lawsuit can also make medical professionals accountable and avoid future birth injuries. Birth injury lawsuits A birth injury lawsuit can help a family get the financial compensation they require to take care of a child suffering from Erb's syndrome. The lawsuit can also hold medical professionals accountable for their actions. A lawyer with experience in Erb's Palsy can help a family navigate the legal procedure. The condition is caused by the brachialplexus, a nerve bundle that runs through the shoulder and arm, is damaged. The first sign of Erb's palsy is the inability of lifting the affected arm above your head. You may also find it difficult to bend your elbow or place your hand in an “waiter tip” position. If both the upper and lower nerves have been damaged the patient may suffer from a severe form of brachial palsy. It's usually caused by an error made by the doctor during a difficult birth. For example the baby's shoulders could get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors may use forceps, or a vacuum extractor to deliver the infant however, this can cause stretching of the nerves and cause Erb's palsy. A successful Erb's Palsy lawsuit could result in compensation for a patient's treatment currently and in the future that includes physical therapy, occupational therapy surgeries, and other equipment. Compensation can cover lost wages, pain and suffering and even the loss of wages. Statute of limitations The cost of caring for an Erb's Palsy child can be astronomical. Compensation from a settlement can help families pay for these expenses. A settlement can help families pay for medical care and other necessities throughout the life of your child. The value of your case will depend on the severity of your child's injuries, as well as the amount of treatment that they might require. Your MA Erb’s Palsy lawyer and your doctor will decide the value of your case and present it during a court trial. A majority of birth injury lawsuits are settled out of court rather than going to trial. This is because it may be more expensive and time-consuming to fight for your rights in a trial. If your legal team is able to demonstrate that the healthcare professional was negligent and unreasonably acted or acted, they may succeed in obtaining a substantial settlement. If you believe that the shoulder injury your child suffered was due to medical negligence It is crucial to speak with an experienced Erb's Palsy lawyer as quickly as possible. Every state has a law that limits the time in which you have to submit a claim. You will lose the right to sue if don't meet this deadline. This is why it is crucial to schedule a free consultation as soon as you are able to. Mediation While a child suffering from Erb's syndrome can't be completely treated, it can improve their quality of life. Physical therapy is an essential element of recovery to help restore range of motion and strengthens the muscles in the hands and arms. This can only be helpful if the nerves have not ruptured or torn. If they were, surgery may be necessary. The brachial nerves of the shoulder and neck are damaged. This is most commonly caused by a complication that occurs during the birth process known as shoulder dystocia. This happens when a child is trapped beneath the pelvic bone of the mother. In the effort to free the baby, medical personnel may apply excessive force and tension on the skull of the infant, which can damage the spinal cord and nerves. erb's palsy lawsuit fremont who was negligent in treating the condition may be held accountable for the injury. Depending on the severity of the injury and the projected medical expenses, a settlement can be used to pay for treatments and other expenses. It is crucial to hire an experienced lawyer who is aware of how to handle a birth-related injury case. These lawsuits are extremely complex and require a thorough investigation of the medical records of the victim. In addition, the statute of limitation can vary in every state and must be adhered to. Trial When Erb's palsy is caused through medical negligence, the victim could be entitled to compensation for medical expenses incurred by their child or loss of income and suffering. A lawyer with experience with birth injury lawsuits can assist families to receive the justice they deserve. Injuries to the brachial plexus can result in permanent and severe damage. In certain instances, these injuries can cause paralysis. This type of nerve injury typically occurs during labor that is difficult, when the baby is big or is in a breech stance. If a doctor applies excessive force to deliver an infant the shoulder could become stuck behind the pelvic bone, causing the shoulder nerves to be stretched, compressed or torn. This is called shoulder dystocia and can cause Erb's palsy. In this stage the lawyer will collect evidence to support your case. This could include written reports from medical experts. The legal team of the defendant will also collect evidence to back their case including witness depositions as well as additional medical records. After all evidence has been taken into consideration, the lawyers will attempt to come to an agreement. Usually, both sides accept a certain amount of money and the lawsuit will be closed at this point. If the defendant is unwilling to settle the matter and the case goes to court. During the trial the judge and jury will listen to both sides and decide whether the defendant is responsible for your child's injuries.