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Erb's Palsy Legal Isn't As Difficult As You Think
Erb's Palsy Legal Defense

A medical error during childbirth may damage the nerve system in a baby’s neck and shoulder. This condition is known as Erb's palsy. It can cause long-term problems for the affected arm.

A brachial plexus injury lawsuit can assist families to receive financial compensation and justice. A successful lawsuit can bring medical professionals to account and prevent future birth injuries.

Birth injury lawsuits

A birth injury lawsuit could assist a family to receive the financial compensation they need to provide for their child with Erb's palsy. A lawsuit can also make medical professionals accountable for their actions. A lawyer with experience in the field of Erb's Palsy may be able to help a family navigate the legal process.

The condition is caused when the brachialplexus, a nerve bundle that runs through the shoulder and arm is damaged. The first sign of the condition is the inability of lifting the affected arm above your head. It can also be difficult to bend the elbow or put the hand in an "waiter's tip" position. If both lower and upper nerves are injured, the victim could be suffering from a severe form of brachial palsy.


It's usually the result of a mistake made by an obstetrician during a difficult birth. Shoulder dystocia for instance, is when the baby's shoulders become stuck in the birth canal. Doctors may use forceps, or vacuum extractors to deliver the infant however this could stretch the nerves and result in Erb's palsy.

A successful case in the Erb's Palsy suit can result in compensation to cover the victim's treatment now and in the future, including occupational therapy and physical therapy, surgery and special equipment. Compensation could cover the loss of wages, pain and suffering and even lost wages.

Statute of limitations

The cost of caring for an child can be exorbitant. Settlements can assist families with these costs. While a settlement won't be able to repair the harm your child sustained but it can allow you to pay for medical treatments and other necessities for the rest of their life. The worth of your child's case will be based on the severity of their injuries and how much future treatment they may need. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine this value and then present it at the 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 to defend your rights in court. If your legal team can prove that the healthcare professional acted in a way that was unreasonable and that their negligence caused the injury of your child, they may be able to negotiate a significant settlement.

You should contact an experienced Erb's Palsy lawyer as quickly as you suspect that the shoulder injury suffered by your child was due to medical malpractice. Each state has its own statute of limitations that sets a limit on how long you must file a claim. If you miss this deadline and you do not file your claim, you forfeit your right to sue for ever. It is imperative to make an appointment for a free consultation as quickly as possible.

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While children with Erb's Palsy can't be totally treated, treatment can improve their quality of life. Physical therapy is a vital part of the recovery, because it helps restore mobility and strengthen the muscles of the arms and hand. This is only beneficial in the event that the nerves haven't been torn or ruptured. If they were, surgery may be required.

The brachial nerves of the shoulder and neck are damaged. It is usually caused by a condition that occurs during birth, which is known as shoulder dystocia. This may occur when a baby gets stuck beneath the pelvic bone of the mother. In the attempt to pull the baby out, medical staff often use excessive traction and force on the infant's head which can cause damage to nerves and spinal cord.

A doctor who was negligent in treating the condition could be held accountable for the injury. Depending on the severity of the injury and the expected medical expenses, a settlement can be used to pay for treatments and other expenses.

It is crucial to find a lawyer who has experience in handling birth injury cases. These lawsuits can be extremely complicated and require extensive research into the victim's medical records. The statute of limitations in each state can be different and must be complied with.

Trial

If the Erb's palsy is caused by negligence in the medical field, victims may be entitled to compensation for their child's medical expenses or loss of income and pain and suffering. An attorney with expertise in lawsuits involving birth injuries can help families receive the justice they deserve.

Injuries to the brachial nerve can cause serious and permanent damage. In some instances they can result in paralysis. This type of injury happens when a baby is placed in an open or large position or during a difficult delivery. When a doctor uses excessive force to deliver an infant the shoulder can become trapped behind the mother's pelvic bone, which causes the shoulder nerves to become compressed, stretched, or torn. This is known as shoulder dystocia, and can lead to Erb's Palsy.

At this point the lawyer will collect evidence to support your case. This may include written reports from medical experts. The defendant's legal team will also gather evidence for their side, including depositions from witnesses and medical documents.

Once all evidence has been gathered, lawyers will try to negotiate an agreement. Usually, both sides will agree to a sum of money and the lawsuit will be closed at this point. If the defendant doesn't settle the matter, it will go to the court. During the trial the judge and jury will consider both sides and decide whether the defendant is accountable for your child's injuries.