7 Things About Erb's Palsy Legal You'll Kick Yourself For Not Knowing
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An experienced attorney can help simplify the legal procedure. erb's palsy attorneys lawyers are also competent to assist clients in receiving financial compensation for any future medical requirements.
Parents should be able to have peace of mind that their children will be cared for, even if they suffer from a life-changing accident. Unfortunately it can be a challenge when medical negligence is involved.
Birth Injury Prevention
While there are some birth injuries that occur due to factors outside of the doctor's control, such as the size and position of the baby's pelvis or birth canal, a lot of other birth injuries are easily prevented. Doctors are required to properly estimate the size and weight of a fetus and to recommend a C-section delivery if they believe the baby will be difficult to deliver vaginally. This protects the fetus as well as the mother, and in many cases will avoid the need for medically needed interventions.
If a doctor fails to follow this duty and fails to follow the rules, injuries such as Erb's palsy and brachial plexus can occur. These injuries occur when the nerves in the shoulder or arm are damaged during delivery. In most cases, they result in the inability to move or weakness in that body part for the rest of the life of the child. These conditions can be quite costly to treat.
Families afflicted with these injuries often require financial compensation to cover the expenses. An erb's palsy attorney can fight to ensure that families receive the highest amount of compensation that is feasible, which can help them with their financial burden and help them secure appropriate treatment for their child. A good erb’s palsy attorney will be honest and steadfast in their efforts to aid you.
Erb's Palsy Causes
Erb's palsy occurs when the upper grouping of nerves in your arm, known as the brachialplexus injured. These nerves are responsible for sending messages to the muscles that allow them to move. When these nerves become damaged, they are not able to conduct signals properly. The arm won't move at all, or at all. In most cases, the injuries heal over time, but certain infants may be born with permanent disability.
Many cases of erb's Palsy occur when a baby's shoulders become stuck behind the mother's pubic bone at birth, a condition known as shoulder dystocia. The medical experts who deliver the baby must exert pressure to release the shoulder, which may stretch or tear healthy nerves in the brachialplexus.
The nerves can be avulsed, meaning they are totally separated from the spinal column - or neuroma. This is when the scar tissue presses on the nerve, preventing it from transmitting signals - or neuropraxia - when the nerves have been stretched but not torn. The longer damaged nerves remain in its damaged state, the more difficult it is to heal.
To prevent shoulder dystocia, the mother-to-be and the doctor who is delivering the baby must discuss the ideal position to deliver the baby and what to do in the event of a complication during birth. Sadly, many cases of erb's spalsy are due to medical negligence by doctors and nurses who use excessive force during the delivery process.
Erb's Palsy Treatment
Physical therapy for babies who have Erb's Palsy will focus on improving the range of motion in their fingers and arms. Physical therapy can be combined with different treatments like hydrotherapy. Hydrotherapy is beneficial since it allows babies to exercise in an anti-gravity mode that helps ease the pain caused by muscle spasms.
Other treatments could include medication to ease swelling and pain. A doctor may also splice or graft healthy nerves from other parts of the body to replace damaged ones. This can help restore feeling and flexibility as well as provide support to the arm.
Newborns with Erb's paralysis may need surgery to repair a ruptured brachial-brachial plexus. A nerve that has ruptured, caused by the tearing of one or more nerves that run through the spine, is the most severe form of Erb's Palsy. The nerves injured can be repaired by doctors so that the nerves can heal. This procedure is typically successful and allows most children to regain full range of motion in their arms. However, some patients be permanently disabled due to the injury.
Erb's Palsy Settlements
Some children with Erb's Palsy can overcome the limitations caused by the condition with daily physical therapy. But, others require surgery to repair the nerve damage. Medical malpractice lawsuits can assist families receive the right amount of compensation for their child's injuries.
Your lawyer will consult with experts to estimate the likely cost of treatment. The case value is what we call it. The value of the case will depend on the extent of the injury and how it affects your child's future. Your attorney will seek to recover the cost of life-care, future estimated medical expenses, and other damages.
Your lawyer will then send an official demand letter to the hospital or doctor accountable for your child's injuries. The letter will outline the injuries sustained by your child and the manner in which they resulted of medical negligence. The letter will mention the amount of compensation you are seeking.
The at-fault doctor will then be able to negotiate an agreement. This is a more affordable alternative to a trial. If your attorney can present an argument that is strong and the medical professional at fault may be willing to reach a settlement out of court with both you and your child to avoid the negative publicity that comes with a trial. If a settlement is reached the money will be placed into an account in a trust, and used to pay for the medical treatment of your child and other needs.
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