erb's palsy lawyer costa mesa made during childbirth can damage the network of nerves in the neck and shoulder of a newborn baby. This injury, known as Erb's Palsy, can cause long-term problems in the affected arm.
A lawsuit for brachial plexus injuries can help families get justice and financial compensation. A successful lawsuit can also hold medical professionals accountable and prevent future birth injuries.
Birth injury lawsuits
A birth injury lawsuit can help a family receive the financial compensation they need to take care of their child who suffers from Erb's palsy. The lawsuit may also hold medical professionals responsible for their actions. A qualified Erb's palsy lawyer will guide a family through the legal process.
The condition is caused by damage to a bundle of nerves in the arm and shoulder called the brachial plexus. The first sign of Erb's palsy is usually an inability to elevate the affected arm above the head. You may also find it difficult to bend your elbow or position your hand in a "waiter tip" position. If both the lower and upper nerves are injured the patient could suffer from a more severe version of the condition referred to as global or total brachial plexus palsy.
It's usually due to an error made by an obstetrician during a difficult birth. Shoulder dystocia for instance, is when the shoulders of the baby are stuck in the birth canal. Doctors can use forceps or vacuum extractors to deliver the infant but this can stretch the nerves and cause Erb's palsy.
A successful Erb’s palsy suit can result in compensation that will cover the treatment of the victim now and in the future, which includes occupational therapy and physical therapy, surgery and equipment. Compensation could cover lost wages or pain and suffering as well as even lost wages.
Statute of limitations
The cost of caring for an Erb's-Pallsy child can be enormous. A settlement could help families pay for these expenses. While a settlement cannot undo the harm your child sustained but it will help you afford medical treatment and other necessities for the remainder of their lives. The value of your child's lawsuit will be determined by the extent of their injuries as well as how much future treatment they might require. Your MA Erb's Palsy Lawyer will work with your doctor to determine this value and then present it at the trial.
The majority of birth injury lawsuits are settled out of court rather than going to trial. This is because it may be more expensive and time-consuming to fight for your rights during 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.
You should consult with an experienced erb’s palsy lawyer as soon as you suspect that the shoulder injury sustained by your child was caused by medical malpractice. Each state has a statute of limitations that imposes the time frame for when you have to submit your claim. You'll lose your right to sue if you do not meet this deadline. It is imperative to schedule your free consultation as quickly as you can.
Mediation
Although a child with Erb's palsy is not completely treated, it can improve their quality of life. Physical therapy is a crucial part of the recovery, as it helps to restore the range of motion and strengthen the muscles of the hand and arms. But, this can only help if the muscles aren't ruptured or torn. If they were, then surgery may be necessary.
The brachial nerves of the neck and shoulder are damaged. This is most commonly caused by a condition that occurs during birth, which is known as shoulder dystocia. This can happen when a child gets stuck beneath the pelvic bone of the mother. In an effort to remove the baby, medical professionals might use excessive force and pressure on the skull of the infant which could cause damage to the spinal cord and nerves.
A doctor who is negligent in treating the condition may be held responsible for the injury. Settlements can be used to cover future medical expenses and treatment expenses based on the severity of the injury.
It is imperative to employ an experienced lawyer who knows how to manage a birth injury case. 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 in every state and must be carefully followed.
Trial
If Erb's condition is caused due to medical negligence, the victims may be entitled to compensation for medical expenses incurred by their child or loss of income and pain and suffering. A lawyer with experience in birth injury cases can assist families get the justice they deserve.
Abrachialplexus injury can result in permanent and serious damage. In some instances, these injuries can cause paralysis. This type of injury occurs when a baby is placed in an open or large position or is experiencing an uneasy delivery. When a doctor uses force to deliver the baby the shoulder may get caught behind the mother's pelvic bone, causing it to compress or stretch the shoulder nerves. This is known as shoulder dystocia and can result in Erb's Palsy.
In this phase your lawyer will gather evidence to support your case. This could include medical reports in writing. The legal team of the defendant will also collect evidence to back their side of the story including witness depositions as well as additional medical documents.
Once all the evidence has been collected, the lawyers will seek to negotiate a settlement. Usually, both sides accept a certain amount of money and the case will be closed at this point. If the defendant doesn't settle the case, it will go to court. During a trial, the judge and jury will hear both sides' arguments, and then decide whether the defendant is accountable for your child's injuries.