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Erb's Palsy Legal Defense An error in childbirth can damage the nerve network of a baby’s neck and shoulder. This injury, referred to as Erb's'Palsy', can cause long-term complications for the affected arm. A lawsuit for injuries to the brachial plexus can help families get justice and financial compensation. A successful lawsuit could also make medical professionals accountable and help prevent future birth injuries. Birth injury lawsuits A birth injury lawsuit may aid a family in obtaining the financial compensation they need to care for a child with Erb's palsy. The lawsuit could also hold the medical professionals accountable for their actions. A qualified lawyer for Erb's palsy can help a family navigate the legal process. The condition is caused by damage to a nerve bundle in the arm and shoulder called the brachial plexus. The first sign of Erb's Palsy is the inability of lifting the affected arm above your head. It can also be difficult to bend your elbow or place your hand in the “waiter tip” position. If both the upper and lower nerves are injured the patient may suffer from a more severe version of the condition known as global or total brachial plexus palsy. It's usually due to a mistake made by the doctor during a difficult birth. For example the baby's shoulders may become stuck in the birth canal, a condition referred to as shoulder dystocia. Doctors can employ forceps to give birth to a baby or a vacuum extraction tool, but 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 such as physical therapy, occupational therapy and surgery, as well as special equipment. Compensation may 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 staggering. Settlements can aid families in paying these costs. A settlement can help families pay for medical treatment and other necessities throughout the course of your child's life. The value of your case will depend 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 this worth and present it at an investigation. erb's palsy lawsuit santa monica of birth injury lawsuits settle out of court, instead of going to trial. It can be costly and time-consuming for you to defend 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 obtaining a substantial settlement. If you think the shoulder injury suffered by your child was the result of medical malpractice, it is important to contact an experienced attorney for erb's syndrome as soon as possible. Each state has its own statute of limitation that sets the time limit for when you must file a claim. If you do not file your claim by the deadline then you lose your right to sue for ever. It is important to arrange your free consultation as soon as possible. Mediation While a child's quality of life can be improved, the condition Erb's Palsy cannot be cured. Physical therapy is an essential component of the healing process and helps to restore range of motion and strengthens the muscles in the arms and hands. However, this will only be helpful if the nerves aren't ruptured or torn. If they were, surgery may be required. The brachial nerves in the neck and shoulder are damaged. It is usually caused by a condition that occurs during birth, which is known as shoulder dystocia. It is a condition that occurs when a baby is stuck beneath the pelvic bone of the mother (scapula). In order to help get the baby out, medical personnel 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 was negligent in treating the problem can be held accountable for the injury. Based on the severity of the injury and the estimated future medical costs the settlement could cover the cost of treatments and other expenses. It is crucial to hire an experienced lawyer who knows how to deal with a birth injury lawsuit. These lawsuits can be complicated and require extensive research into the medical documents of the victim. In addition the statute of limitations can vary from state to state, and must be observed. Trial If the Erb's palsy is caused through medical negligence, the victim could be entitled to compensation for their child's medical costs as well as loss of income and suffering and pain. A lawyer with experience in birth injury cases can assist families receive the justice they deserve. Injuries to the brachial plexus can result in permanent and severe damage. In certain cases the injuries may cause paralysis. This type of injury can occur when a baby is placed in the breech or in a large position or is experiencing a difficult delivery. When a physician uses a lot of force to deliver a baby the shoulder could become caught behind the mother’s pelvic bone, leading to the shoulder nerves to become stretched, compressed, or torn. This is known as shoulder dystocia. It can lead to Erb's palsy. In this phase your lawyer will begin gathering evidence to support your case, including written reports from medical experts. The defendant's legal team will also gather evidence to support their side which includes depositions of witnesses and other medical records. Once all evidence has been obtained, the attorneys attempt to reach an agreement. Usually, both sides will reach an agreement on a sum 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 accountable for your child's injuries.