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Erb's Palsy Legal Defense A medical mistake during childbirth may damage the nerve network of the neck and shoulder of a baby's. This condition is known as Erb's Palsy and could cause long-term problems for the affected arm. A brachial plexus injury lawsuit can help families receive financial compensation and justice. A successful lawsuit could also make medical professionals accountable and prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit can help a family receive the financial compensation needed to provide care for their child who suffers from Erb's palsy. A lawsuit could also hold medical professionals accountable for their actions. A lawyer with experience in Erb's Palsy can help families navigate the legal process. The condition is caused by the damage to a nerve bundle in the arm and shoulder known as the brachial nerve plexus. The most obvious sign of Erb's palsy is usually an inability to raise the affected arm above the head. It may be a challenge to bend the elbow or put the hand into an “waiter's tip” position. If both the lower and upper nerves are damaged the person may suffer from a more severe version of the condition known as global or total brachial plexus palsy. It's often a result of a medical error during a difficult birth. For example the baby's shoulders could get stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can use forceps in order to deliver an infant or a vacuum extraction tool, however this could stretch nerves causing Erb's Palsy. A successful Erb's Palsy lawsuit could result in compensation for a patient's treatment currently and in the future, including occupational therapy, physical therapy surgeries, 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 child can be astronomical. A settlement could assist families with these costs. A settlement can help families pay for medical treatment and other necessities throughout the lifetime of your child. The worth of your child's case will be determined by the extent of their injuries as well as the amount of future treatment they may need. Your MA Erb's Palsy lawyer and your doctor will decide the value of your case, which they will present during a trial. The majority of birth injury lawsuits are settled out of court rather than going to trial. It can be costly and time-consuming to fight your rights in court. If your legal team is able to demonstrate the medical professional's negligence and unreasonably acted the way they did, they could succeed in securing a significant settlement. If you think that your child's shoulder injury was due to medical negligence, it is important to speak with an experienced erb's palsy attorney as soon as possible. Every state has a statute which limits the time you have to submit an action. If you do not file your claim by the deadline then you lose your right to sue forever. It is for this reason that it is important to schedule a free consultation as soon a time as you can. Mediation While a child's quality of life can be improved, the condition Erb's Palsy cannot be treated. erb's palsy law firm reading is a vital part of the recovery, because it can help restore range of movement and strengthen the muscles of the arms and hand. However, this will only be helpful if the nerves are not torn or ruptured. If they were, surgery might be required. The brachial nerves in the neck and shoulder are damaged. This is typically caused by shoulder dystocia. It is a birthing complication. This may occur when a baby gets stuck in the pelvic bone of the mother's pelvis (scapula). In an attempt to get the baby out, medical staff typically use excessive traction and pressure on the head of the infant, which can cause damage to the spinal cord and nerves. A doctor who has been negligent in treating this condition could be held accountable for the injuries. Settlements can cover future medical costs and treatment costs, based on the severity of an injury. It is imperative to employ an experienced lawyer who understands how to manage a birth injury case. These lawsuits can be complicated and require thorough research into the medical records of the victim. In addition, the statute of limitations may be different in each state, and must be followed. Trial If medical negligence is the reason of Erb's Palsy, patients could be entitled to compensation for their child's medical expenses, lost income, and pain and discomfort. A lawyer with experience in birth injury cases can help families receive the justice they deserve. Brachial plexus injuries can cause serious and permanent damage to the brachial plexus. In some cases, these injuries can cause paralysis. This type of injury occurs when a baby is in an elongated or breech position or during the difficult delivery. When a doctor uses excessive force to deliver an infant the shoulder can become caught in the pelvic bone, leading to the shoulder nerves to be compressed, stretched or torn. This is known as shoulder dystocia and can cause Erb's aplasia. In this phase the lawyer will collect evidence to support 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 story such as depositions of witnesses and additional medical documents. Once all evidence is gathered, lawyers will try to reach a settlement. In most cases the parties will agree on a set amount of money. The lawsuit will be concluded. However, if the defendant is not willing to settle the case, it will be tried. In a trial, the jurors and the judge will consider both sides' arguments, and then decide if the defendant was responsible for the injuries your child sustained.