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Erb's Palsy Legal Defense A medical error during childbirth could damage the nerve system in a baby’s neck and shoulder. This type of injury is known as Erb's palsy. It can cause long-term problems for the affected arm. A brachial plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit can also hold medical professionals accountable and help prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit could assist a family to receive the financial compensation they need to provide care for a child suffering from Erb's syndrome. The lawsuit may also hold medical professionals responsible for their actions. A qualified Erb's palsy lawyer will guide a family through the legal process. The condition is caused by damage to a bundle of nerves in the arm and shoulder called the brachial complex. The most obvious sign of Erb's paralysis is typically an inability to raise the affected arm above the head. It can also be difficult to bend your elbow or place your hand in a “waiter tip” position. If both the upper and lower nerves are injured, the victim may suffer from a more severe form of the condition referred to as global or total brachial plexus palsy. It's usually due to an error made by the doctor during a difficult birth. For example the baby's shoulders could get stuck in the birth canal, which is known as shoulder dystocia. Doctors can employ forceps to deliver an infant or a vacuum extraction tool, however this may stretch the nerves and cause Erb's aplasia. A successful Erb's palsy lawsuit could result in compensation for a victim's current and future treatment that includes physical therapy, occupational therapy surgeries, and other equipment. Compensation may cover the cost of lost wages or pain and suffering as well as even lost wages. Statute of limitations The cost of caring for an Erb's palsy child can be staggering. A settlement can aid families in paying these costs. While a settlement cannot undo the injury your child suffered however, it could help you afford medical treatment and other necessities for the rest of their lives. The value of your child's lawsuit will be determined by the severity of their injuries and the amount of future treatment they will require. Your MA Erb's Palsy Lawyer and doctor will determine the worth of your case and present it during a court trial. The majority of birth injury lawsuits settle out of court, instead of going to trial. This is because it can be more expensive and time-consuming to defend your rights in trial. If your legal team is able to demonstrate that the healthcare professional was negligent and unreasonably acted the way they did, they could succeed in securing a significant settlement. You should consult with an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was a result of medical malpractice. Every state has a statute of limitations that imposes an amount of time you must file a claim. You will lose the right to sue if don't meet this deadline. It is essential to schedule your free consultation as quickly as possible. Mediation Although a child's quality of life can be improved, Erb's Palsy is not curable. Physical therapy is an important component of the healing process to help restore motion and strengthens the muscles of the hands and arms. This is only helpful when the nerves haven't ruptured or torn. If they were, surgery could be required. The underlying reason for Erb's palsy is abrachial nerves of the plexus in the neck and shoulder. It is usually caused by shoulder dystocia. It is a birthing complications. It is a condition that occurs when a baby gets stuck beneath the pelvic bone of the mother (scapula). To free the baby, medical staff might use excessive force and traction on the infant's skull which can cause damage to the spinal cord and nerves. A doctor who has been negligent in treating this condition can be held liable for the injury. Depending on the severity of the injury and the estimated future medical expenses, a settlement can be used to pay for treatments and other expenses. erb's palsy attorneys upland is crucial to hire an experienced lawyer who understands how to handle a birth injury case. These lawsuits are often complicated and require a lot of research into the medical records of the victim. Furthermore, the statute of limitations can change in each state and must be adhered to. Trial If medical negligence is the root cause of Erb's Palsy, victims may be entitled an award for their child's medical expenses, lost income as well as discomfort and pain. An attorney with experience in birth injury cases can help families get the justice they deserve. The brachial plexus can cause severe and permanent damage to the brachial plexus. In certain cases, they can lead to paralysis. This type of nerve injury typically occurs in the event of a difficult birth when a baby is oversized or in a breech position. When a doctor makes use of force to deliver the infant the shoulder may become stuck behind the mother's pelvic bone and compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia. It may also lead to Erb's palsy. At this point the lawyer will collect evidence for your case. This may include written reports from medical specialists. The legal team of the defendant will also gather evidence to support their side of the story including witness depositions as well as additional medical documents. Once all evidence has been gathered, the lawyers will attempt to reach an agreement. Usually, both sides agree to a specific amount of money, and the lawsuit will be closed at this point. If the defendant is not willing to settle, the case will be heard at trial. During a trial, the jury and judge will hear both sides' arguments, and then decide whether the defendant is responsible for your child's injuries.