ERBS PALSY LAWYERS - MALPRACTICE SETTLEMENTS

The brachial plexus is a network of nerves that runs from the spinal cord, across the shoulders and along the arms to the tips of the fingers. These nerves control movement and feeling and if the nerves are disrupted or damaged then disability can occur with full or partial loss of control of the arm. Less than 1% of new born infants suffer from this injury which is usually as a result of medical malpractice for allowing the child’s head to be subjected to excessive trauma during birth and delivery which causes the nerves to stretch, distend or rupture. There are recognized risk factors that will be considered by experienced erbs palsy lawyers in the event of a claim for medical malpractice. These risk factors which are associated with both the unborn child and the mother and include;

• maternal diabetes
• unusually large child
• excessive traction used during delivery

Most brachial plexus injuries are as a result of failure to manage shoulder dystocia which may occur during labor when the baby's shoulder gets trapped behind the mother's pelvic bone. There are well established protocols to deal with the problem and failure to follow recognized guidelines may result in severe injury or death. Medical malpractice claims by erbs palsy lawyers for these injuries usually fall into two main categories;

• negligent handling of shoulder dystocia as a result of failure to follow established protocols
• failure to arrange a caesarean section in cases where shoulder dystocia should have been anticipated

Brachial plexus injury is classified according to the type and extent of nerve damage as follows;

• Klumpke's Palsy characterized by a limp hand and immobile fingers often associated with Horners syndrome which is caused by damage to the sympathetic nervous system.
• Complete Brachial Plexus Palsy is characterized by paralysis of the entire arm often associated with Horner's Syndrome and Torticollis.
• Erbs Palsy is characterized by the arm being turned towards the body, with a stiff elbow and the hand in a ‘waiters tip’ position.

To succeed in a claim for compensation it is necessary for erbs palsy lawyers to show that it is more likely than not that their client has suffered injury which they would not otherwise have suffered but for negligent treatment by a health care professional. Treatment is negligent if a healthcare provider has fallen below the minimum standard of skill or care that the medical profession regards as reasonable in that particular area of the country. This includes not only doctors but also hospitals, clinics, dentists, nurses and technicians and any other party or body that undertakes to provide services to take care of patients sufficient to establish a duty of care. A doctor / patient relationship is usually sufficient to establish the existence of a duty of care.

The basic time limits for erbs palsy lawyers to settle a claim or file papers in a court of law, usually known as 'The Statute of Limitations', vary considerably from state to state and may be as little as 6 months in certain locations and up to four years in others. There are also often exceptions to the general rules for those who are classified as infants or for those who are mentally disturbed. Other exceptions may apply to ensure that time does not start to run until the negligent act is actually discovered or ought to have been discovered with reasonable diligence. The whole arena of limitation is an exceptionally dangerous place for an inexperienced lawyer as not only are the time limits often different in every state but a number of states have litigated cases whereby the restrictions and restraints of the limitation legislation has been found to be unconstitutional and as a result a number of states are currently proposing amendments to their law.

Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.