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Erb's Palsy Legal Defense A mistake made during childbirth may damage the nerve system in the neck and shoulder of a newborn baby. This injury, referred to as Erb's Palsy, can cause long-term issues in the affected arm. A brachial-plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit can also keep medical professionals accountable and help prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit can help a family get the financial aid they need to care for a child suffering from Erb's syndrome. A lawsuit may also ensure that medical professionals are held accountable for their actions. A lawyer who is experienced in the field of Erb's palsy can assist families navigate the legal process. The condition is caused by damage to a nerve bundle in the arm and shoulder known as the brachial plexus. The most obvious sign of Erb's Palsy is typically an inability to raise the affected arm over the head. It could also be difficult to bend the elbow or put the hand into the “waiter's tip” position. If both lower and upper nerves have been damaged the patient may suffer from a severe case of brachial palsy. It's often a result of a medical mistake during a difficult birth. Shoulder dystocia for instance is when the shoulders of the baby become stuck in the birthing canal. Doctors can use forceps to give birth to a baby or a vacuum extraction tool, however this could stretch nerves which can cause Erb's palsy. A successful lawsuit for Erb's palsy can result in compensation for the patient's treatment currently and in the future, including occupational therapy, physical therapy and surgery, as well as special equipment. Compensation could also pay for lost wages, as well as pain and suffering. Statute of limitations The cost of caring for an Erb's Palsy child can be staggering. Settlement settlements can help families pay for these expenses. While erb's palsy attorneys palatine can't undo the damage your child sustained however, it could help you afford medical treatment and other necessities for the remainder of their lives. The value of your child's lawsuit will be determined by the severity of their injuries as well as how much future treatment they may need. Your MA Erb's Palsy Lawyer will collaborate with your doctor to determine the value and present it during a trial. The majority of birth injury lawsuits are settled out of court instead of going to trial. It can be expensive and time-consuming to fight your rights in court. However, if your legal team can prove that the healthcare professional acted unreasonably and that their carelessness caused your child's injury and/or death, they could be able to win you a substantial settlement. You should contact an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury sustained by your child was caused by medical malpractice. Every state has a statute of limitations that sets a limit on how long you have to submit your claim. You'll lose your right to sue if you do not meet this deadline. For this reason, it is crucial to schedule a free consultation as soon as possible. Mediation Although a child with Erb's palsy is not completely cure, treatment can improve their quality of life. Physical therapy is a crucial part of the recovery process to help restore movement and strengthen the muscles of the arms and hands. This can only be beneficial in the event that the nerves haven't ruptured or torn. If they were, surgery may be necessary. The root cause of Erb's syndrome is the damage to the brachial muscles in the shoulder and neck. This is most often caused by a complication that occurs during the birth known as shoulder dystocia. It can happen when a baby is stuck beneath the pelvic bone (scapula). In the effort to free the baby, medical personnel may resort to excessive force and use traction on the skull of the infant which can cause damage to the spinal cord and nerves. A doctor who was negligent in treating this disease can be held responsible for the injury. Depending on the severity the injury and the projected medical expenses, a settlement could pay for treatment and other expenses. It is crucial to select an attorney who is experienced in handling birth injury cases. These lawsuits are complicated and require a thorough study of the medical documents of the victim. In addition the statute of limitations can be different in each state and must be carefully followed. Trial If medical negligence is the reason of Erb's palsy, the victims may be entitled an award for their child's medical expenses, income loss, as well as pain and discomfort. A lawyer with experience in birth injury lawsuits can help families receive the justice they deserve. The brachial plexus can cause severe and permanent damage to the brachial plexus. In some instances they can cause paralysis. This type of nerve injury generally occurs during labor that is difficult, when the baby is big or in a breech position. When the doctor uses force to deliver the infant, the shoulder can become trapped behind the pelvic bone, which can compress, stretch, or tear the shoulder nerves. This is known as shoulder dystocia. It could lead to Erb's Palsy. At this point your lawyer will collect evidence for your case. This may include written reports from medical experts. The legal team of the defendant will also gather evidence to prove their side of the case such as witness depositions and additional medical records. Once all evidence has been gathered, the lawyers will attempt to negotiate a settlement. In the majority of cases, both parties will agree on a specific amount of money. The lawsuit will be over. If the defendant refuses to settle the case, it will go to court. During the trial the judge and jury will hear both sides and decide whether the defendant is responsible for the injuries your child sustained.