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Erb's Palsy Legal Defense A medical error during childbirth can damage the nerve network in the neck and shoulder of a newborn baby. This injury is referred to as Erb's palsy. It can cause long-term issues for the affected arm. A lawsuit for brachial plexus injuries can assist families in obtaining justice and financial compensation. A successful lawsuit will also keep medical professionals accountable and prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit may assist a family to receive the financial compensation they require to take care of a child suffering from Erb's palsy. A lawsuit may also bring medical professionals to account for their actions. A qualified lawyer for Erb's palsy can guide a family through the legal procedure. The condition is caused when the brachialplexus, a nerve bundle that connects the shoulder and arm, is damaged. The first sign of Erb's paralysis is typically an inability to lift the affected arm above the head. It can 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 form of the condition known as global or total brachial plexus palsy. It's often a result of a medical mistake during a difficult delivery. For example, the baby's shoulders can get stuck in the birth canal, a condition known as shoulder dystocia. Doctors may employ forceps or a vacuum extractor to deliver the baby however, this can cause stretching of the nerves and cause Erb's palsy. A successful Erb's Palsy lawsuit can result in compensation for the patient's treatment currently and in the future that includes occupational therapy, physical therapy surgeries, and other equipment. Compensation could cover lost wages as well as pain and suffering, and even lost wages. Statute of limitations The cost of caring for an child can be staggering. Settlements can assist families with these costs. While erb's palsy attorneys concord won't be able to repair the injury your child suffered, it can help you afford medical treatment and other necessities for the remainder of their lives. The value of your child's claim will be determined by the extent of their injuries as well as how much future treatment they might require. Your MA Erb's Palsy lawyer and your doctor will determine the worth of your case, which they will present during a trial. The majority of birth-related injury lawsuits are settled out of court instead of going to trial. It can be costly and time-consuming for you to fight your rights in court. If your legal team is able to demonstrate that the healthcare professional was negligent and acted in a way that was unreasonable the way they did, they could succeed in securing a substantial settlement. You should contact an experienced Erb's palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was the result of medical malpractice. Every state has a statute of limitations that imposes an amount of time you must file a claim. If you fail to file your claim within this time then you lose your right to sue for ever. It is crucial to schedule your free consultation as soon as possible. Mediation Although a child's quality of life can be improved, Erb's ailment is not curable. Physical therapy is a crucial element of recovery in that it can help restore range of movement and strengthen the muscles in the arms and hands. But, this can only be helpful if the nerves aren't ruptured or torn. If they were, surgery could be required. The root cause of Erb's palsy is abrachial plexus nerves in the shoulder and neck. It is usually caused by a complication during the birth known as shoulder dystocia. This can occur when a baby is stuck in the pelvic bone of the mother's pelvis (scapula). In order to help get the baby free, medical professionals frequently use excessive traction and force on the infant's head which can cause damage to nerves and spinal cord. A doctor who has been negligent in treating this disease can be held responsible for the injuries. A settlement could be used to pay for future medical expenses and treatment costs depending on the severity of an injury. It is essential to find an experienced lawyer who understands how to handle a birth injury case. These lawsuits can be extremely complicated and require a thorough investigation of the victim's medical records. The time limits in each state can be different and must be adhered to. Trial When Erb's palsy is caused through medical negligence, the victim may be entitled to compensation for medical expenses for their child and income loss and pain and suffering. A lawyer who has expertise in lawsuits involving birth injuries can help families receive the justice they deserve. Brachial plexus injuries can cause permanent and severe damage to the brachial plexus. In certain cases the injuries may cause paralysis. This type of injury occurs when a baby is in an elongated or breech position, or during the difficult delivery. When a doctor uses force to deliver the infant the shoulder may become trapped behind the pelvic bone and compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia. It can also cause Erb's syndrome. During this stage, your lawyer will gather evidence for your case, including written reports from medical experts. The legal team of the defendant will also collect evidence to back their case which includes witness depositions, as well as additional medical documents. After all evidence has been taken into consideration, the lawyers attempt to reach an agreement. In the majority of cases, both parties will agree on a certain amount of money. The lawsuit will then be closed. If the defendant doesn't settle the matter, it will go to 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.