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Erb's Palsy Legal Defense A medical mistake during childbirth may damage the nerves' network in a baby's shoulder and neck. This injury, referred to as Erb's Palsy, may cause long-term complications in the affected arm. A brachial plexus injury lawsuit can provide families with financial compensation and justice. A successful lawsuit can also bring medical professionals to account and help prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit can assist a family to receive the financial relief they need to care for their child suffering from Erb's palsy. The lawsuit could also hold the medical professionals accountable for their actions. A qualified Erb's Palsy lawyer will guide a family through the legal process. The condition is caused by the damage to a nerve bundle in the shoulder and arm called the brachial complex. The most prominent symptom of Erb's syndrome is an inability to raise the affected arm above the head. It might be a challenge to bend the elbow or put the hand in the “waiter's tip” position. If both the upper and lower nerves are injured the patient may suffer from a more severe version of the condition referred to as total or global brachial plexus palsy. It's usually the result of a mistake made by the doctor during a difficult birth. Shoulder dystocia, for instance, is when the baby's shoulders are stuck in the birth canal. Doctors can use forceps or an extractor vacuum to deliver the infant but this can stretch the nerves and cause Erb's palsy. A successful lawsuit against Erb's paralysis could result in compensation for a patient's treatment currently and in the future which includes occupational therapy, physical therapy or surgery, as well as other equipment. Compensation could also be used to 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 enormous. A settlement settlement may help families cover these expenses. A settlement can help families pay for medical expenses and other essentials throughout the lifetime of your child. The worth of your child's case 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 your doctor will determine the value of your case, which they will present in a court trial. Most birth injury lawsuits are settled out of court instead of going to trial. This is because it can be more expensive and time-consuming to fight for your rights in a trial. However, if your legal team can prove that the healthcare professional acted unreasonably and their negligence resulted in the injury to your child it could be possible to negotiate a significant settlement. You should contact an experienced Erb's palsy lawyer as soon as you suspect that the shoulder injury suffered by your child was the result of medical negligence. Each state has its own statute of limitations that sets the time frame for when you must submit your claim. You will lose the right to sue if are late. It is important to make an appointment for a free consultation as soon as you can. Mediation Although a child's overall quality of life can be improved, Erb's Palsy cannot be treated. Physical therapy is an essential part of the recovery process to help restore range of movement and strengthen the muscles of the arms and hands. This is only beneficial if the nerves have not ruptured or strained. If they were, surgery may be necessary. The brachial nerves in the neck and shoulder are damaged. This is most often caused by a condition that occurs during birth, which is known as shoulder dystocia. erb's palsy lawsuit hawaii can occur when a child gets stuck under the pelvic bone of the mother. In order to free the baby, medical staff may resort to excessive force and use traction on the skull of the infant and cause damage to the spinal cord and nerves. A doctor who was negligent in treating the condition may be held responsible for the injury. Settlements can be used to pay for future medical expenses and treatment costs based on the severity of an injury. It is crucial to select a lawyer who has experience in dealing with birth injury cases. These lawsuits can be extremely complicated and require a thorough investigation of the medical records of the victim. The limitations period in each state may differ and must be adhered to. Trial If the Erb's palsy is caused through medical negligence, the victim could be entitled to compensation for their child's medical expenses and income loss and suffering. A lawyer with experience in birth injury cases can help families get the justice they deserve. Injury to the brachialplexus can result in permanent and serious damage to the brachialplexus. In some cases they may lead to paralysis. This kind of injury occurs when a baby is placed in an elongated or breech position or is experiencing a difficult delivery. When a physician uses a lot of force to deliver a baby, the shoulder may become caught behind the mother’s pelvic bone, leading to the shoulder nerves to become compressed, stretched, or torn. This is known as shoulder dystocia. It could result in Erb's Palsy. In this phase, your lawyer will gather evidence to support your case, including written reports from medical experts. The legal team of the defendant will gather evidence to support their side of a case such as witness depositions and additional medical documents. Once all the evidence has been gathered lawyers will try to reach an agreement. In most cases the parties will reach an agreement on a set amount. The lawsuit will then end. If the defendant is unwilling to settle the matter the case will be taken to the court. During the trial the judge and jury will examine both sides and determine whether the defendant is responsible for the injuries your child sustained.