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Erb's Palsy Legal Defense A medical error during childbirth can cause damage to the network of nerves in the neck and shoulder of a newborn baby. This injury, commonly referred to as Erb's Palsy, can cause long-term issues in the affected arm. A brachial-plexus injury lawsuit can assist families to receive justice and financial compensation. A successful lawsuit can keep medical professionals accountable and avoid future birth injuries. Birth injury lawsuits A birth injury lawsuit could help a family receive the financial compensation they require to provide care for a child with Erb's palsy. A lawsuit could also ensure that medical professionals are held accountable for their actions. A lawyer with experience in dealing with the condition can help a family navigate the legal procedure. The condition is caused by the damage to a bundle of nerves in the arm and shoulder known as the brachial plexus. The first sign of Erb's palsy is usually an inability to raise the affected arm over the head. It can be a challenge to bend the elbow or put the hand in a “waiter's tip” position. If both lower and upper nerves have been injured the patient may be suffering from a severe form of brachial palsy. It's usually due to a mistake made by a doctor during a difficult birth. Shoulder dystocia, for example, is when the shoulders of the baby are stuck in the birthing canal. Doctors may use forceps or a vacuum extractor to deliver the infant but this can stretch the nerves and result in Erb's palsy. A successful Erb's palsy suit can result in compensation that will cover the victim's treatment now and in the future, which includes occupational therapy and physical therapy, as well as surgery and other equipment. Compensation can cover the loss of wages, pain and suffering, and even lost wages. Statute of limitations The cost of caring for a child diagnosed with Erb's syndrome can be enormous. Compensation from a settlement can help families cover these expenses. While a settlement won't be able to repair the damage your child sustained, it can help you afford medical treatment and other necessities for the remainder of their life. The value of your case will be contingent on the severity of your child's injuries, as well as the amount of treatment that they might require. Your MA Erb's Palsy lawyer and your doctor will decide the value of your case, which they will present at a trial. A majority of birth injury lawsuits are settled outside of court instead of going to trial. erb's palsy attorney troy is because it may be more costly and time-consuming to defend your rights at a trial. If your legal team is able to demonstrate the medical professional's negligence and acted in a way that was unreasonable the way they did, they could succeed in obtaining a large settlement. If you believe that the shoulder injury your child suffered was due to medical negligence It is crucial to contact a knowledgeable attorney for erb's syndrome as soon as possible. Each state has a statute of limitations that sets an amount of time you must submit your claim. If you don't file by this deadline then you lose your right to sue for ever. It is imperative to arrange your free consultation as quickly as you can. Mediation Although a child's quality of life can be improved, Erb's Palsy cannot be cured. Physical therapy is a crucial aspect of the recovery process and helps to restore range of motion and strengthen the muscles in the arms and hands. However, this can only be beneficial if the nerves are not torn or ruptured. If they were, then surgery might be required. The brachial nerves in the shoulder and neck are damaged. This is typically caused by a problem during birth, which is known as shoulder dystocia. This can occur when a newborn is trapped under the mother's pelvic bone (scapula). To try to get the baby free, medical professionals frequently use excessive traction and force on the head of the infant, which can cause damage or injury to the spinal cord and nerves. A doctor who has been negligent in treating this problem can be held accountable for the injuries. Depending on the severity the injury and the expected medical costs, a settlement could pay for treatment and other expenses. It is imperative to employ an experienced lawyer who knows how to manage a birth injury case. These lawsuits can be complex and require a thorough investigation of the victim's medical records. Furthermore the statute of limitations could vary from state to state and must be followed. Trial When the cause of Erb's syndrome is through medical negligence, the victim could be entitled to compensation for medical expenses incurred by their child, loss of income, and suffering. A lawyer with experience in birth injury lawsuits can assist families in receiving the justice they deserve. Injuries to the brachial plexus can cause serious and permanent damage. In some instances they may lead to paralysis. This kind of injury occurs when a baby is placed in the breech or in a large position or is experiencing a difficult delivery. If a doctor applies excessive force to deliver a baby, the shoulder may become trapped behind the mother's pelvic bone, causing shoulder nerves to be stretched, compressed, or torn. This is known as shoulder dystocia and can cause Erb's syndrome. At this point, your lawyer will collect evidence for your case. This could include medical reports in writing. The legal team of the defendant will also gather evidence to support their side of the argument which includes depositions of witnesses and medical documents. After all the evidence is taken into consideration, the lawyers attempt to reach an agreement. In most cases the parties will agree on a certain amount. The lawsuit will then be closed. If the defendant refuses to settle the matter, it will go to court. During the trial, the jury and judge will examine both sides and determine whether the defendant is accountable for your child’s injuries.