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Erb's Palsy Legal Defense A medical mistake during birth can cause damage to the nerve network of a baby’s neck and shoulder. This injury is referred to as Erb's palsy. erb's palsy law firm louisville can result in long-term complications for the affected arm. A lawsuit for injuries to the brachial plexus can help families receive justice and financial compensation. A successful lawsuit can ensure that medical professionals are accountable and prevent further birth injuries. Birth injury lawsuits A birth injury lawsuit can aid a family in obtaining the financial relief they need to provide care for a child suffering from Erb's syndrome. The lawsuit can also hold the medical professionals accountable for their actions. A qualified Erb's Palsy lawyer can help a family navigate the legal procedure. The condition is caused by damage to a nerve bundle in the shoulder and arm called the brachial plexus. The first sign of Erb's Palsy is the inability to raise the affected arm above your head. It can also be difficult to bend the elbow or place the hand into a “waiter's tip” position. If both the upper and lower nerves are injured the patient could suffer from a more severe form of the condition referred to as global or total brachial plexus palsy. It's usually the result of a medical mistake during a difficult birth. Shoulder dystocia, for example is when the shoulders of the baby are stuck in the birthing canal. Doctors can use forceps or an extractor vacuum to deliver the infant however this could stretch the nerves, causing Erb's palsy. A successful suit for Erb's palsy could result in compensation for the victim's medical treatment now and in the future, including occupational therapy and physical therapy, surgery and equipment. Compensation could also cover lost wages and pain and suffering. Statute of limitations The cost of caring for an Erb's-Pallsy child can be astronomical. Settlements can assist families with these expenses. While a settlement can't undo the injury that your child suffered however, it could allow you to pay for medical treatments and other necessities for the rest of their life. The value of your case will be contingent on the extent of your child's injuries and the amount of future treatment that they may require. Your MA Erb's Palsy Lawyer and doctor will decide the value of your case and present it at a trial. The majority of birth injury lawsuits end up in court, rather than going to trial. This is due to the fact that it can be more costly and time-consuming to defend your rights in 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 securing a significant settlement. If you think that the shoulder injury your child suffered was due to medical negligence, it is important to speak with an experienced Erb's Palsy lawyer as quickly as possible. Every state has a statute of limitation that sets the time limit for when you must file your claim. If you fail to file your claim within this time and you do not file your claim, you forfeit your right to sue for ever. This is why it is imperative to set up a free consultation as soon as you can. Mediation Although a child's overall quality of life can be improved, the condition Erb's Palsy is not curable. Physical therapy is a crucial aspect of recovery as it helps to restore mobility and strengthen the muscles of the arms and hand. This is only beneficial when the nerves haven't ruptured or strained. If they were, surgery might be necessary. The brachial nerves of the neck and shoulder are damaged. It is usually caused by shoulder dystocia, a birthing complications. This may occur when a baby gets stuck in the pelvic bone of the mother's pelvis (scapula). In the effort to free the baby, medical personnel might use 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 the condition may be held responsible for the injury. Based on the severity of the injury and the expected medical expenses, a settlement can cover the cost of treatment and other expenses. It is essential to choose an attorney with experience in dealing with birth injury cases. These lawsuits can be complicated and require a thorough investigation of the medical records of the victim. In addition the statute of limitations may vary from state to state and must be adhered to. Trial If medical negligence is the reason of Erb's Palsy, patients may be entitled an award for their child's medical expenses, lost income as well as discomfort and pain. A lawyer who has expertise in lawsuits involving birth injuries can assist families to receive the justice they deserve. The brachial plexus can result in permanent and severe damage. In some cases these injuries can result in paralysis. This type of injury happens when a baby is placed in the breech or in a large position or is experiencing an extremely difficult delivery. When a physician uses a lot of force to deliver a baby the shoulder may get stuck behind the pelvic bone, causing the shoulder nerves to be stretched, compressed or torn. This is referred to as shoulder dystocia and can result in Erb's Palsy. In this phase, your lawyer will gather evidence to support your case, such as written reports from medical experts. The lawyer representing the defendant will also gather evidence for their side of the argument which includes depositions of witnesses and medical documents. Once all evidence has been gathered the lawyers will seek to reach a settlement. Usually, both sides will agree to a sum of money, and the lawsuit will end at this point. However, if the defendant doesn't agree to settle the case, it will be tried. During the trial the judge and jury will consider both sides and decide whether the defendant is responsible for your child's injuries.