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Erb's Palsy Legal Defense An error in childbirth may damage the nerve system of a baby’s neck and shoulder. This injury, commonly referred to as Erb's'Palsy', can cause long-term problems in the affected arm. A brachial plexus injury lawsuit can aid families in receiving financial compensation and justice. A successful lawsuit can also make medical professionals accountable and help prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit can assist a family to receive the financial compensation required to provide for their child with Erb's palsy. The lawsuit may also hold medical professionals responsible for their actions. erb's palsy attorney fontana qualified Erb's Palsy lawyer will guide a family through the legal procedure. The condition is caused by damage to a bundle of nerves in the shoulder and arm called the brachial complex. The first sign of Erb's Palsy is the inability of lifting the affected arm above your head. It may also be difficult to bend the elbow or put the hand into an “waiter's tip” position. If both the upper and lower nerves are injured the patient may suffer from a more severe form of the condition referred to as total or global brachial plexus palsy. It's usually the result of an error made by a doctor during a difficult birth. Shoulder dystocia, for instance is when the baby's shoulders get stuck in the birthing canal. Doctors may use forceps to deliver an infant or a vacuum extraction tool, but this could stretch nerves which can cause Erb's palsy. A successful Erb's Palsy lawsuit can result in compensation for a victim's ongoing and future treatment such as occupational therapy, physical therapy or surgery, as well as other equipment. Compensation can cover the cost of lost wages as well as pain and suffering, and even lost wages. Statute of limitations The cost of caring for a child who suffers from Erb's Palsy can be exorbitant. A settlement can aid families in paying these expenses. While a settlement can't undo the harm your child sustained but it will aid in the cost of medical treatment and other necessities for the rest of their life. The value of your case will be contingent on the severity of your child's injuries and the amount of future treatment that they may require. Your MA Erb's Palsy Lawyer will work with your doctor to determine the value and present it during an initial trial. The majority of birth injury lawsuits are settled outside of court instead of going to trial. It can be costly and time-consuming for you to fight your rights in court. If your legal team can prove that the healthcare professional was unreasonably and that their carelessness caused the injury to your child and/or death, they could be able to secure a substantial settlement. If you think the shoulder injury suffered by your child was due to medical negligence it is imperative to contact an experienced Erb's Palsy lawyer as quickly as possible. Each state has a statute of limitations that sets the time limit for when you have to file your claim. You'll lose the right to sue if are late. This is why it is important to schedule a free consultation as soon as you are able to. Mediation While children with Erb's palsy is not completely treated, treatment can improve their quality of life. Physical therapy is an essential element of recovery because it helps restore range of movement and strengthen the muscles of the arms and hand. However, it can only be beneficial if the nerves aren't rupturing or torn. If they were, then surgery may be needed. The brachial nerves of the neck and shoulder are damaged. This is typically caused by a condition that occurs during birth, which is known as shoulder dystocia. This happens when a child is trapped in the pelvic bone of a mother's birth. In order to help get the baby out, medical personnel often use excessive traction or pressure on the infant's head which can cause damage or injury to the nerves and spinal cord. A doctor who is negligent in treating the condition may be held responsible for the injury. Settlements can be used to be used to cover future medical expenses and treatment costs, based on the severity of an injury. It is crucial to find an attorney with experience in handling birth injury cases. These lawsuits can be complicated and require a thorough study of the medical documents of the victim. The limitations period in each state can be different and must be followed. Trial When the cause of Erb's syndrome is due to medical negligence, the victims may be entitled to compensation for medical expenses incurred by their child, loss of income, and pain and suffering. A lawyer with experience in birth injury cases can help families get the justice they deserve. Injuries to the brachial plexus can cause serious and permanent damage to the brachial plexus. In certain instances the injuries may cause paralysis. This type of injury occurs when a baby is placed in an open or large position or undergoing the difficult delivery. When the doctor uses force to deliver the infant the shoulder may become stuck behind the pelvic bone and compress, stretch, or tear the shoulder nerves. This is referred to as shoulder dystocia. It could cause Erb's palsy. During this stage the lawyer will gather evidence for your case, including written reports from medical experts. The defendant's legal team will also gather evidence for their side, including depositions from witnesses as well as additional medical documents. Once all evidence has been obtained, the attorneys attempt to reach an agreement. Usually, both sides will agree to a specific amount of funds and the case will end at this point. However, if the defendant refuses to settle the case, it will go to trial. During the trial the judge and jury will listen to both sides and decide whether the defendant is responsible for your child’s injuries.