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Erb's Palsy Legal Defense A mistake made during childbirth can damage the nerve system in the neck and shoulder of a baby's. This injury, commonly referred to as Erb's palsy, could cause long-term complications for the affected arm. A lawsuit for brachial plexus injuries can help families get justice and financial compensation. A successful lawsuit may also bring medical professionals to account and prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit can assist a family to receive the financial compensation required to take care of their child suffering from Erb's Palsy. A lawsuit can also make medical professionals accountable for their actions. A lawyer who is experienced in the field of Erb's Palsy may be able to help family members navigate the legal procedure. The condition occurs when the brachialplexus, which is a bundle of nerves that runs through the arm and shoulder, is damaged. The first sign of Erb's palsy is the inability to lift the affected arm above your head. It can also be difficult to bend your elbow or put your hand in a “waiter tip” position. If both the upper and lower nerves are damaged the patient may suffer from a severe type of brachial palsy. It's often a result of a medical error during a difficult birth. Shoulder dystocia, for example is when the baby's shoulders are stuck in the birthing canal. Doctors can use forceps to deliver an infant or a vacuum extraction device, but this could stretch nerves that cause Erb's Palsy. A successful Erb’s palsy suit can result in compensation that will cover the victim's medical treatment now and in the future, including occupational therapy and physical therapy, surgeries and other equipment. Compensation may also pay for lost wages, as well as suffering and pain. Statute of limitations The costs of caring for a child suffering from Erb's palsy can be staggering. A settlement could help families cover these expenses. While a settlement cannot undo the damage your child sustained however, it could assist you in paying for 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 and the amount of future treatment they might 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. The majority of birth-related injury lawsuits are settled outside of court instead of going to trial. It can be expensive and time-consuming to fight your rights in court. If your legal team is able to prove the healthcare professional's negligence and acted in a way that was unreasonable or acted, they may succeed in obtaining a large settlement. You should contact an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury suffered by your child was due to medical negligence. Each state has its own statute of limitation that sets the time frame for when you have to file a claim. If you fail to file your claim within this time then you lose your right to sue forever. It is important to make an appointment for a free consultation as soon as possible. Mediation Although a child's overall quality of life can be improved, Erb's Palsy cannot be cured. Physical therapy is an essential part of the recovery process in that it can help restore range of movement and strengthen the muscles in the hands and arms. But, this can only be beneficial if the nerves aren't rupturing or torn. If erb's palsy lawyer dayton were, surgery may be required. The brachial nerves of the neck and shoulder are damaged. This is most often caused by a complication during delivery known as shoulder dystocia. This happens when a baby gets stuck beneath the pelvic bone of the mother. In order to free the baby, medical professionals 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 is negligent in treating this condition can be held liable for the injuries. Depending on the severity of the injury and the estimated future medical costs A settlement may pay for treatment and other expenses. It is essential to choose an attorney with experience in handling birth injury cases. These lawsuits are often complicated and require a lot of research into the medical records of the victim. Moreover, the statute of limitations can be different in each state and must be followed. Trial When Erb's palsy is caused through medical negligence, the victim may be entitled to compensation for their child's medical expenses or loss of income and suffering. A lawyer who has experience in birth injury lawsuits can help families receive the justice they deserve. Injury to the brachialplexus can cause permanent and severe damage to the brachialplexus. In certain cases, they can lead to paralysis. This type of nerve injury usually occurs during labor that is difficult, when the baby is big or in a breech position. When a doctor makes use of force to deliver the infant the shoulder could get caught behind the mother's pelvic bone, causing it to compress or stretch the shoulder nerves. This is called shoulder dystocia. It can lead to Erb's palsy. In this phase the lawyer will collect evidence to support your case. This could include written reports from medical professionals. The legal team of the defendant will also gather evidence to prove their side of the story including witness depositions as well as additional medical documents. Once all evidence has been collected, the lawyers will attempt to negotiate a settlement. In the majority of cases both parties will settle on a set amount. The lawsuit will be over. If the defendant refuses to settle the case the case will be taken to court. In a trial, the judge and jury will hear both sides' arguments, and then decide whether the defendant is accountable for the injuries your child sustained.