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Erb's Palsy Legal Defense A medical error made during childbirth could damage the nerve system in the neck and shoulder of a baby's. This injury is referred to as Erb's palsy. It can cause long-term problems for the affected arm. A brachial plexus injury lawsuit could provide families with justice and financial compensation. A successful lawsuit could also keep medical professionals accountable and prevent further birth injuries. Birth injury lawsuits A birth injury lawsuit may help a family get the financial relief needed to take care of their child who suffers from Erb's palsy. The lawsuit can also hold the medical professionals responsible for their actions. A qualified Erb's palsy lawyer can guide a family through the legal procedure. The condition is caused by the damage to a nerve bundle in the arm and shoulder known as the brachial plexus. The primary sign of Erb's psy is the inability to raise the affected arm above your head. It can be a challenge to bend the elbow or put the hand into an “waiter's tip” position. If both upper and lower nerves have been injured, the victim could suffer from a severe case of brachial palsy. It's typically the result of a medical error during a difficult birth. Shoulder dystocia, for example, is when the baby's shoulders get stuck in the birthing canal. Doctors can use forceps in order to deliver an infant or a vacuum extraction device, but this can cause nerves to stretch, causing Erb's Palsy. A successful Erb's Palsy lawsuit can result in compensation for the victim's current and future treatment such as physical therapy, occupational therapy, surgery, and special equipment. Compensation can also be used to pay for lost wages as well as pain and suffering. erb's palsy law firm amarillo of limitations The cost of caring for an Erb's-Pallsy child can be exorbitant. Settlement settlements can help families cover these expenses. While a settlement can't undo the injury that your child suffered however, it could assist you in paying for medical treatment and other necessities for the remainder of their lives. The worth of your child's case will be based on the extent of their injuries and how much treatment they might require. Your MA Erb's Palsy lawyer and your physician will determine the value of your case, which they will present during a court trial. The majority of birth injury lawsuits are settled out of court instead of going to trial. This is because it could be more costly and time-consuming to fight for your rights in a trial. However, if your legal team can prove that the healthcare professional acted unreasonably and that their negligence caused the injury of your child and/or death, they could be able to secure a substantial settlement. It is recommended to contact an experienced Erb's Palsy lawyer as quickly as you suspect that the shoulder injury sustained by your child was due to medical malpractice. Each state has its own statute of limitations which sets the time limit for when you have to file a claim. If you do not file your claim by the deadline then you lose your right to sue for ever. Therefore, it is imperative to set up a free consultation as soon as you can. Mediation While a child suffering from Erb's palsy is not completely cure, treatment can improve their quality of life. Physical therapy is a crucial aspect of the recovery process, as it helps restore motion and strengthens the muscles in the arms and hands. But, this can only be beneficial if the nerves aren't ruptured or strained. If they were, surgery may be needed. The underlying cause of Erb's Palsy is abrachial plexus nerves in the neck and shoulder. This is most often caused by a complication during the birth known as shoulder dystocia. It can happen when a baby becomes stuck beneath the pelvic bone of the mother (scapula). To free the baby, medical personnel might use excessive force and use traction on the skull of the infant which could cause damage to the spinal cord and nerves. A doctor who has been negligent in treating this disease can be held responsible for the injury. Settlements can cover future medical costs and treatment expenses based on the severity of an injury. It is crucial to select an attorney who is experienced in handling birth injury cases. These lawsuits can be complex and require a thorough investigation of the medical records of the victim. The time limit for 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 and income loss and pain and suffering. A lawyer who has experience in bringing lawsuits for birth injuries can help families receive the justice they deserve. The brachialplexus is a muscle that can be injured and result in permanent and serious damage. In some instances they can result in paralysis. This type of injury occurs when a baby is placed in an elongated or breech position or undergoing a difficult delivery. If a doctor applies excessive force to deliver a baby the shoulder may get stuck behind the pelvic bone, which causes the shoulder nerves to become compressed, stretched or torn. This is called shoulder dystocia. It can lead to Erb's Palsy. At this point the lawyer will collect evidence for your case. This may include written reports from medical experts. The legal team of the defendant will also collect evidence to back their case such as witness depositions and additional medical records. After all the evidence has been obtained, the attorneys will attempt to come to an agreement. Usually, both sides will agree to a specific amount of funds and the case will end at this point. If the defendant doesn't settle the matter and the case goes to court. During a trial the jury and judge will hear both sides' arguments and determine whether the defendant is responsible for your child's injuries.