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Erb's Palsy Legal Defense A medical error made during childbirth can cause damage to the network of nerves in the neck and shoulder of a newborn baby. This condition is known as Erb's Palsy and could cause long-term complications for the affected arm. A lawsuit for injuries to the brachial plexus can help families get justice and financial compensation. A successful lawsuit could also bring medical professionals to account and help prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit may assist a family to receive the financial relief they need to provide care for a child suffering from Erb's palsy. A lawsuit can also bring medical professionals to account for their actions. A lawyer who is experienced in dealing with the condition can help family members navigate the legal procedure. The condition is caused by damage to a bundle of nerves in the shoulder and arm called the brachial plexus. The most obvious sign of Erb's palsy is usually an inability to elevate the affected arm above the head. It can also be difficult to bend your elbow, or put your hand in the “waiter tip” position. If both the lower and upper nerves are injured the patient may suffer from a more severe version of the condition referred to as global or total brachial plexus palsy. erb's palsy lawsuit brooklyn park 's typically the result of a medical mistake during a difficult delivery. For instance the baby's shoulders could get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can employ forceps to give birth to a baby or a vacuum extraction device, but this may stretch the nerves causing Erb's Palsy. A successful Erb’s palsy suit could result in compensation to pay for the patient's treatment today and in the future, including occupational therapy and physical therapy, surgery and special equipment. Compensation can also compensate for lost wages and suffering and pain. Statute of limitations The cost of caring for a child with Erb's palsy can be staggering. A settlement could help families pay for the costs. A settlement can assist families with medical expenses and other essentials throughout the lifetime of your child. The value of your case will depend on the extent of your child's injuries as well as the amount of treatment that they might require. 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-related injury lawsuits are settled outside of court instead of going to trial. This is because it can be more costly and time-consuming to defend your rights at trial. However, if your legal team can demonstrate that the healthcare professional acted in a way that was unreasonable and their negligence resulted in the injury to your child and/or death, they could be able to win you a substantial settlement. If you think the shoulder injury your child suffered was the result of medical malpractice, it is important to contact a knowledgeable erb's palsy attorney as soon as possible. Each state has a statute of limitation that sets the time limit for when you must make a claim. If you don't file by this deadline and you do not file your claim, you forfeit your right to sue for ever. This is why it is crucial to schedule a free consultation as soon as possible. Mediation While children with Erb's palsy cannot be completely treated, it can improve their quality of life. Physical therapy is a crucial aspect of the recovery process and helps to restore movement and strengthen the muscles of the arms and hands. However, this will only help if the muscles aren't ruptured or torn. If they were, surgery may be needed. The root cause of Erb's Palsy is damage to the brachial muscles in the neck and shoulder. This is typically caused by shoulder dystocia. This is a birthing complications. This can happen when a baby is stuck under the mother’s pelvic bone. In an attempt to get the baby out, medical staff frequently use excessive traction and pressure on the infant's head which could cause damage to the nerves and spinal cord. A doctor who was negligent in treating the condition could be held responsible for the injury. Depending on the severity the injury and the estimated future medical expenses, a settlement could be used to pay for treatments and other expenses. It is important to hire an attorney with experience in handling birth injury cases. These lawsuits are complicated and require thorough research into the medical documents of the victim. Moreover, the statute of limitations could vary from state to state and must be followed. Trial If medical negligence is the reason of Erb's Palsy, victims may be entitled an award for their child's medical expenses, lost income as well as discomfort and pain. A lawyer who has experience with birth injury lawsuits can assist families in receiving the justice they deserve. Abrachialplexus injury can result in permanent and serious damage to the brachialplexus. In certain instances, these injuries can cause paralysis. This type of injury occurs when a baby is in the breech or in a large position or during a difficult delivery. When a physician uses a lot of force to deliver a baby the shoulder could become trapped behind the mother's pelvic bone, causing shoulder nerves to be compressed, stretched, or torn. This is referred to as shoulder dystocia and can lead to Erb's Palsy. In this stage, your lawyer will collect evidence to support your case. This could include written reports from medical professionals. The lawyer representing the defendant will also collect evidence for their side of the case such as depositions of witnesses and additional medical documents. After all the evidence has been taken into consideration, the lawyers will try to reach an agreement. In the majority of cases the parties will agree to a certain amount. The lawsuit will be over. However, if the defendant refuses to settle the case, it goes to trial. During the trial, the jury and judge will hear both sides and decide whether the defendant is accountable for the injuries your child sustained.