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Erb's Palsy Legal Defense A medical error made during childbirth can damage the nerves' network in the neck and shoulder of a baby's. This injury, commonly referred to as Erb's Palsy, can cause long-term issues in the affected arm. A brachial plexus lawsuit can assist families to receive financial compensation and justice. A successful lawsuit can make medical professionals accountable and prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit could assist a family to receive the financial compensation they need to take care of their child with Erb's palsy. A lawsuit may also make medical professionals accountable for their actions. A lawyer who is experienced in the field of Erb's palsy can assist a family navigate the legal process. The condition is caused by the brachialplexus, a bundle of nerves that connects the arm and shoulder, is damaged. The first sign of Erb's palsy is the inability to raise the affected arm above your head. It can be a challenge to bend the elbow or place the hand into the “waiter's tip” position. If both the upper and lower nerves are injured the patient may be suffering from a severe form of brachial palsy. It's usually the result of an error made by doctors during a challenging birth. Shoulder dystocia for instance is when the shoulders of the baby become stuck in the birth canal. Doctors can use forceps in order to deliver an infant or a vacuum extraction device, but this can cause nerves to stretch, causing Erb's Palsy. A successful Erb's palsy suit could result in compensation to cover the victim's medical treatment now and in the future, including occupational therapy and physical therapy, as well as surgery and other equipment. Compensation could also be used to pay for lost wages as well as suffering and pain. Statute of limitations The cost of caring for an Erb's palsy child can be exorbitant. A settlement can help families pay for these costs. While a settlement won't be able to repair the injury that your child suffered but it will allow you to pay for medical treatments and other necessities for the rest of their lives. erb's palsy lawyer stockton of your child's case will be determined by the severity of their injuries and the amount of treatments they may require. Your MA Erb's Palsy lawyer and your physician will determine the value of your case and present it during a court trial. A majority of birth injury lawsuits are settled out of court, rather than going to trial. This is because it could be more expensive and time-consuming to fight for your rights during a trial. If your legal team can demonstrate that the healthcare professional was negligent and acted in a way that was unreasonable the way they did, they could succeed in obtaining a substantial settlement. If you think that the shoulder injury suffered by your child was due to medical negligence, it is important to contact an experienced Erb's Palsy lawyer as quickly as you can. Each state has its own statute of limitations which sets the time limit for when you must file your claim. If you don't file by this deadline then you lose your right to sue for ever. This is why it is imperative to schedule a consultation as soon a time as you can. Mediation While a child suffering from Erb's palsy cannot be completely cured, treatment can help improve their quality of life. Physical therapy is an important aspect of the recovery process and helps to restore motion and strengthen the muscles in the hands and arms. However, this will only help if the nerves aren't ruptured or strained. If they were, surgery might be necessary. The brachial nerves of the shoulder and neck are damaged. This is most commonly caused by a condition that occurs during the birth process known as shoulder dystocia. It can happen when a baby becomes stuck beneath the pelvic bone (scapula). To free the baby, medical personnel may apply excessive force and tension on the skull of the infant which can cause damage to the spinal cord and nerves. A doctor who is negligent in treating the condition can be held liable for the injury. Depending on the severity of the injury and the anticipated medical costs the settlement could be used to pay for treatments and other expenses. It is essential to choose an attorney who has experience in handling birth injury cases. These lawsuits are complicated and require thorough research into the medical documents of the victim. The statute of limitations in each state may differ and must be observed. Trial If medical negligence is the reason of Erb's Palsy, patients could be entitled to the right to compensation for their child's medical expenses, lost income, as well as discomfort and pain. A lawyer who has experience in bringing lawsuits for birth injuries can assist families to receive the justice they deserve. Abrachialplexus injury can result in permanent and severe damage to the brachialplexus. In certain instances the injuries may cause paralysis. This kind of injury occurs when a baby is placed in a breech or large position or is experiencing an uneasy 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 called shoulder dystocia and can cause Erb's aplasia. During this phase your lawyer will begin gathering evidence to support your case, such as written reports from medical experts. The legal team of the defendant will also collect evidence to support their side of a case which includes witness depositions, as well as additional medical documents. Once all evidence has been collected, the lawyers will attempt to negotiate an agreement. In the majority of cases the parties will agree on a specific amount of money. The lawsuit will be concluded. If the defendant doesn't settle the case and the case goes to the court. In a trial, the jury and judge will hear both sides' arguments and determine if the defendant was responsible for your child's injuries.