Erb's Palsy Legal Defense
A mistake made during childbirth may damage the nerve system in the neck and shoulder area of a newborn's. This injury, referred to as Erb's Palsy, may cause long-term complications in the affected arm.
A lawsuit for injuries to the brachial plexus will allow families to receive justice and financial compensation. A successful lawsuit could also make medical professionals accountable and help prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit can assist a family to receive the financial relief needed to provide care for their child with Erb's palsy. A lawsuit could also ensure that medical professionals are held accountable for their actions. A qualified lawyer for Erb's palsy will guide a family through the legal process.
The condition is caused by the brachialplexus, which is a nerve bundle that runs through the arm and shoulder, is damaged. The most obvious sign of Erb's syndrome is an inability to raise the affected arm above the head. It could be a challenge to bend the elbow or place the hand in a "waiter's tip" position. If both the lower and upper nerves are damaged, the victim may suffer from a more severe version of the condition known as total or global brachial plexus palsy.
It's often the result of a medical mistake during a difficult delivery. Shoulder dystocia, for example is when the shoulders of the baby become stuck in the birth canal. Doctors can use forceps in order to deliver a baby or a vacuum extraction tool, however this may stretch the nerves that 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 and surgery, as well as special equipment. Compensation could cover lost wages, pain and suffering and even the loss of wages.
Statute of limitations
The cost of caring for a child with Erb's palsy can be astronomical. Compensation from a settlement can aid families in covering these costs. A settlement can aid families in paying for medical treatment and other necessities throughout the life of your child. The value of your child's claim will be determined by the extent of their injuries as well as how much future treatment they will require. erb's palsy law firm detroit and your physician will decide the value of your case and present it during a court trial.
Most birth injury lawsuits settle out of court rather than going to trial. This is because it could be more expensive and time-consuming to defend your rights in a trial. If your legal team can prove that the healthcare professional acted in a way that was unreasonable and that their negligence caused the injury to your child it could be possible to obtain a substantial settlement.
If you believe that the shoulder injury suffered by your child was due to medical negligence, it is important to consult a reputable Erb's Palsy lawyer as quickly as you can. Every state has a law that limits the time in which you have to file a claim. You will lose the right to sue if miss this deadline. For this reason, it is essential to schedule a consultation as soon as you can.
Mediation
Although a child's quality of life can be improved, the condition Erb's Palsy is not curable. Physical therapy is an essential aspect of the recovery process in that it can help restore motion and strengthens the muscles of the arms and hands. This can only be beneficial when the nerves haven't ruptured or torn. If they were, surgery could be necessary.
The underlying cause of Erb's Palsy is damage to the brachial plexus nerves in the shoulder and neck. This is most commonly caused by a complication during the birth process known as shoulder dystocia. This happens when a child gets stuck under the mother’s pelvic bone. In order to free the baby, medical personnel might use excessive force and tension on the skull of the infant, which can damage the spinal cord and nerves.
A doctor who failed to treat the condition could be held responsible for the injury. A settlement can be used to pay for future medical expenses and treatment costs depending on the severity of the injury.
It is crucial to hire an experienced lawyer who understands how to handle a birth injury case. These lawsuits are extremely complex and require extensive research into the medical records of the victim. The limitations period in states can differ and must be followed.
Trial
If medical negligence is the reason of Erb's Palsy, patients may be entitled an award for their child's medical expenses, income loss, and pain and discomfort. A lawyer with experience in birth injury lawsuits can assist families in receiving the justice they deserve.
Injuries to the brachial nerve can cause serious and permanent damage. In some instances these injuries can result in paralysis. This type of nerve injury usually occurs during a difficult birth when the baby is large or in a breech posture. When a doctor uses excessive force to deliver a baby the shoulder can become stuck behind the pelvic bone, which causes the shoulder nerves to become stretched, compressed, or torn. This is called shoulder dystocia. It could result in Erb's Palsy.
During this stage the lawyer will collect evidence for your case. This may include written reports from medical professionals. The legal team of the defendant will collect evidence to back their side of the story, including witness depositions and additional medical records.
After all the evidence is collected, the attorneys will attempt to come to an agreement. In the majority of cases, both parties will agree to a certain amount. The lawsuit will end. If the defendant doesn't settle the case then it will be referred to court. During the trial the judge and jury will listen to both sides and decide whether the defendant is responsible for the injuries your child sustained.