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Erb's Palsy Legal Defense A medical error made during childbirth can damage the network of nerves in the neck and shoulder area of a newborn's. This condition is known as Erb's palsy and can cause long-term complications for the affected arm. A brachial-plexus injury lawsuit can help families receive justice and financial compensation. A successful lawsuit could also hold medical professionals accountable and prevent further birth injuries. Birth injury lawsuits A birth injury lawsuit may help a family receive the financial compensation they need to provide care for their child who suffers from Erb's palsy. A lawsuit can also ensure that medical professionals are held accountable for their actions. A qualified Erb's palsy lawyer will guide a family through the legal process. The condition develops when the brachialplexus, a bundle of nerves that connects the shoulder and arm, is damaged. erb's palsy attorneys irvine of Erb's Palsy is typically an inability to raise the affected arm over the head. It may be a challenge to bend the elbow or put the hand into the “waiter's tip” position. If both upper and lower nerves are injured the patient could suffer from a severe case of brachial palsy. It's usually the result of a medical mistake during a difficult birth. Shoulder dystocia, for instance is when the baby's shoulders are stuck in the birth canal. Doctors can use forceps in order to give birth to a baby or a vacuum extraction tool, but this may stretch the nerves and cause Erb's aplasia. A successful Erb's Palsy lawsuit can result in compensation for a patient's treatment currently and in the future which includes physical therapy, occupational therapy or surgery, as well as other equipment. Compensation can be used to cover the cost of lost wages or pain and suffering as well as even lost wages. Statute of limitations The cost of caring for an Erb's palsy child can be staggering. Compensation from a settlement can help families pay for these expenses. A settlement can assist families with medical treatment and other necessities throughout your child's life. The value of your child's lawsuit will be determined by the severity of their injuries as well as how much treatment they may need. Your MA Erb's Palsy lawyer and your physician will decide the value of your case, which they will present in a court trial. Most birth injury lawsuits end up in court, instead of going to trial. This is due to the fact that it can be more expensive and time-consuming to defend your rights in a trial. If your legal team is able to prove the healthcare professional's negligence and unreasonably acted the way they did, they could succeed in obtaining a large settlement. If you suspect that the shoulder injury your child suffered was caused by medical malpractice, it is important to contact a knowledgeable Erb's palsy lawyer as soon as you can. Each state has a statute of limitations that imposes a limit on how long you must make a claim. You'll lose the right to sue if you do not meet this deadline. Therefore, it is essential to set up a free consultation as soon as you are able to. Mediation Although a child's quality life can be improved, Erb's palsy is not curable. Physical therapy is an essential element of recovery because it helps restore flexibility and strength to the muscles of the hand and arms. However, it can only help if the muscles are not torn or ruptured. If they were, then surgery may be needed. The underlying cause of Erb's syndrome is damage to the brachial nerves of the plexus in the shoulder and neck. This is most often caused by shoulder dystocia. It is a birthing complication. This may occur when a child is trapped beneath the pelvic bone of the mother. To free the baby, medical staff may apply excessive force and pressure on the skull of the infant, which can damage the spinal cord and nerves. A doctor who failed to treat the condition may be held accountable 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 vital to choose an experienced lawyer who knows how to manage a birth injury case. These lawsuits are often complicated and require extensive investigation into the medical records of the victim. The time limits in each state can be different and must be complied with. Trial If medical negligence is a cause of the condition, the victims could be entitled to compensation for their child's medical expenses, lost income and discomfort and pain. An attorney with experience in birth injury cases can assist families receive the justice they deserve. Injuries to the brachial nerve can cause permanent and severe damage to the brachial plexus. In some instances they can result in paralysis. This type of nerve injury usually occurs during labor that is difficult, when the baby is big or is in a breech position. If a doctor is using excessive force to deliver an infant the shoulder can become stuck behind the pelvic bone, which causes the shoulder nerves to be stretched, compressed or torn. This is known as shoulder dystocia and can cause Erb's syndrome. In 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 for their side of the argument which includes depositions of witnesses and additional medical documents. After all the evidence is gathered, the lawyers will attempt to negotiate a settlement. In most cases both parties will settle on a certain amount of money. The lawsuit will be closed. If the defendant refuses to settle the matter then it will be referred to court. During the trial, the jury and judge will hear both sides and decide whether the defendant is accountable for your child’s injuries.