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Erb's Palsy Legal Defense A mistake made during childbirth can cause damage to the network of nerves in the neck and shoulder of a newborn baby. This condition is known as Erb's Palsy and could result in long-term complications for the affected arm. A lawsuit for brachial plexus injuries can help families get justice and financial compensation. A successful lawsuit will also keep medical professionals accountable and prevent future birth injuries. erb's palsy attorney fort smith can help a family receive the financial compensation they need to care for their child who suffers from Erb's palsy. A lawsuit may also ensure that medical professionals are held accountable for their actions. A lawyer who is experienced in Erb's Palsy can help family members navigate the legal process. The condition occurs when the brachialplexus, which is a nerve bundle that connects the shoulder and arm, is damaged. The first sign of Erb's palsy is the inability of lifting the affected arm above your head. You may also find it difficult to bend your elbow, or put your hand in an “waiter tip” position. If both the lower and upper nerves are injured the patient may 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. For instance, the baby's shoulders can become stuck in the birth canal, a condition known as shoulder dystocia. Doctors may employ forceps or an extractor vacuum to deliver the infant however, this can cause stretching of the nerves, causing 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, including physical therapy and occupational therapy, surgery and special equipment. Compensation could also cover lost wages and pain and suffering. Statute of limitations The cost of caring for an Erb's palsy child can be enormous. A settlement can help families pay for these costs. While a settlement cannot undo the damage your child sustained but it will 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 the amount of treatment they might require. Your MA Erb’s Palsy Lawyer and your doctor will decide the value of your case, which they will present at a trial. The majority of birth-related injury lawsuits are settled out of court, rather than going to trial. This is due to the fact that it can be more costly and time-consuming to defend your rights at trial. However, if your legal team can demonstrate that the healthcare professional acted unreasonably and their negligence led to the injury to your child, they may be able to negotiate a significant settlement. You should contact an experienced Erb's palsy lawyer immediately as you suspect that the shoulder injury suffered by your child was a result of medical malpractice. Every state has a statute that limits the time in which you have to make a claim. You will lose the right to sue if you don't meet this deadline. This is why it is crucial to schedule a free consultation as soon as possible. Mediation Although a child's quality life can be improved, Erb's ailment cannot be treated. Physical therapy is a vital part of the recovery, because it can help restore flexibility and strength to the muscles of the arms and hand. However, this can only help if the muscles aren't rupturing or torn. If they were, then surgery may be required. The brachial nerves in the shoulder and neck are damaged. It is usually caused by shoulder dystocia. This is a birthing complication. It can occur when a child is trapped under the pelvic bone of the mother. To free the baby, medical personnel may resort to excessive force and tension on the skull of the infant, which can damage the spinal cord and nerves. A doctor who is negligent in treating the condition could be held responsible for the injury. Based on the severity the injury and the estimated future medical costs A settlement may cover the cost of treatments and other expenses. It is imperative to employ an experienced lawyer who knows how to handle a birth-related injury case. These lawsuits can be extremely complicated and require a lot of research into the medical records of the victim. Moreover, the statute of limitations may change in each state, and must be followed. Trial If the Erb's palsy is caused through medical negligence, the victim may be entitled to compensation for their child's medical costs as well as loss of income and suffering. A lawyer with experience in bringing lawsuits for birth injuries can assist families in receiving the justice they deserve. Brachial plexus injuries can cause permanent and severe damage to the brachial plexus. In some cases these injuries can result in paralysis. This kind of injury occurs when a baby is in the breech or in a large position or is experiencing a difficult delivery. When doctors use force to deliver the infant the shoulder may get caught behind the mother's pelvic bone and compress, stretch, or tear the shoulder nerves. This is called shoulder dystocia and can cause Erb's palsy. During this stage, your lawyer will collect evidence for your case. This could include written reports from medical experts. The lawyer representing the defendant will also gather evidence for their side of the case, including depositions from witnesses and additional medical documents. Once all the evidence has been gathered the lawyers will try to negotiate a settlement. In most cases, both parties will agree to a certain amount. The lawsuit will then be closed. However, if the defendant refuses to settle the case, it will be tried. During a trial the judge and jury will hear both sides' arguments and decide if the defendant was responsible for your child's injuries.