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Erb's Palsy Legal Defense A mistake made during birth can cause damage to the nerve system in the baby's neck and shoulder. This injury, commonly referred to as Erb's Palsy, may cause long-term issues in the affected arm. A lawsuit for brachial plexus injuries can help families receive justice and financial compensation. A successful lawsuit can also make medical professionals accountable and prevent further birth injuries. Birth injury lawsuits A birth injury lawsuit could aid a family in obtaining the financial compensation they require to care for a child with Erb's Palsy. The lawsuit could also hold medical professionals responsible for their actions. A lawyer who is experienced in Erb's Palsy can help a family navigate the legal procedure. The condition develops when the brachialplexus, a bundle of nerves that connects the shoulder and arm, is damaged. The first sign of Erb's palsy is the inability of lifting the affected arm above your head. It can also be difficult to bend your elbow, or put your hand in an “waiter tip” position. If both the lower and upper nerves are damaged the person may suffer from a more severe form of the condition known as total or global brachial plexus palsy. It's usually the result of a medical error during a difficult birth. Shoulder dystocia, as an example, is when the baby's shoulders become stuck in the birthing canal. Doctors can use forceps or a vacuum extractor to deliver the infant, but this can stretch the nerves and lead to Erb's palsy. A successful Erb’s palsy suit can result in compensation that will cover the treatment of the victim now and in the future, which includes physical therapy and occupational therapy, surgery and equipment. Compensation can be used to 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 astronomical. Compensation from a settlement can aid families in covering these costs. While a settlement can't undo the damage your child sustained, it can assist you in paying for medical treatment and other necessities for the remainder of their life. The value of your child's lawsuit will be based on the severity of their injuries and the amount of future treatment they might require. Your MA Erb’s Palsy lawyer and your doctor will determine the worth of your case and present it in a court trial. The majority of birth injury lawsuits end up in court, instead of going to trial. This is due to the fact that it can be more expensive and time-consuming to fight for your rights during trial. If your legal team can prove the healthcare professional's negligence and acted in a way that was unreasonable or acted, they may succeed in obtaining a large settlement. If you believe that your child's shoulder injury was due to medical negligence, it is important to speak with an experienced erb's palsy attorney as soon as possible. Each state has a statute of limitations that sets the time frame for when you must submit your claim. If you fail to file your claim within this time the claim will be dismissed. right to sue forever. This is why it is imperative to schedule a free consultation as soon a time as you can. Mediation Although a child's overall quality of life can be improved, Erb's Palsy cannot be cured. Physical therapy is a crucial component of the healing process, as it helps restore motion and strengthens the muscles of the arms and hands. This is only helpful when the nerves aren't ruptured or torn. If they were, surgery may be required. The underlying cause of Erb's palsy is damage to the brachial nerves of the plexus in the shoulder and neck. It is usually caused by a complication that occurs during delivery known as shoulder dystocia. It can happen when a baby becomes stuck in the pelvic bone of the mother's pelvis (scapula). In order to help get the baby out, medical professionals often use excessive traction or pressure on the head of the infant, which can cause damage to the nerves and spinal cord. A doctor who has been negligent in treating the condition can be held liable for the injuries. Depending on the severity of the injury and the projected medical costs, a settlement could cover the cost of treatment and other expenses. It is crucial to find an attorney who has experience in dealing with birth injury cases. These lawsuits can be complex and require extensive research into the victim's medical records. The time limit for each state may differ and must be followed. Trial If the Erb's palsy is caused by medical negligence, victims may be entitled to compensation for their child's medical expenses as well as loss of income and suffering. erb's palsy lawyer gary with expertise in lawsuits involving birth injuries can help families receive the justice they deserve. Injury to the brachialplexus can cause permanent and severe damage to the brachialplexus. In certain cases they can result in paralysis. This type of injury occurs when a baby is in the breech or in a large position or undergoing the difficult delivery. When the doctor uses force to deliver the baby the shoulder may become caught behind the mother's pelvic bone and compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia, and can result in Erb's Palsy. At this point your lawyer will collect evidence to support your case. This may include written reports from medical specialists. The legal team of the defendant will collect evidence to back their side of a case which includes witness depositions, as well as additional medical documents. After all the evidence has been obtained, the attorneys will attempt to reach an agreement. In most cases the parties will reach an agreement on a specific amount. The lawsuit will end. If the defendant is not willing to settle the case, it will be heard at trial. During a trial, a jury and judge will hear both sides' arguments, and then decide whether the defendant is accountable for the injuries your child sustained.