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Erb's Palsy Legal

Erb's palsy legal involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy expenses. This type of personal injury claim can aid parents in paying for their child's care.

Mistakes in the birth process could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors often require pressure during the birth. However when they apply too much pressure or fail to recognize how much pressure is needed it could result in an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional who violated their standard of care during a specific set of circumstances. This can include improper prenatal care, the inability to identify a pregnancy issue (such as fetal macrosomia) or failure to perform a Csection when required.

Erb's palsy is a condition that affects the brachial plexus network of nerves that control movement and sensation in the shoulder, arm and hand. It typically occurs due to a traumatic pull or stretch which tears or strains the nerves.

In many cases, the injuries that cause erb's syndrome can be prevented. This is a common birth injury that most parents are not aware of. During the birthing process, parents are distracted by a multitude of things and it's easy to overlook warning indicators that could lead serious medical mistakes.

An experienced attorney for erb's palsy can assist parents in determining if their child's condition is a result of medical malpractice. If this is the case, a lawsuit may be filed for an amount of money to cover medical treatment and assistive equipment. Although money cannot completely erase the effects of birth injuries, it can provide the financial assistance that a child requires to live a fulfilling life. The majority of cases involving erb's palsy attorneys syndrome settle before trial, so you must act quickly.

Birth Injury

Living with erb's syndrome can be emotionally and financially draining. An Erb's palsy settlement can assist families with treatment, therapy and assistive devices. The brachialplexus refers to the nerve system that runs through your child's arm. It provides sensation and coordinated movements to their arms and hands. Instability during labor or delivery or the use of instruments can cause damage to this nerve network and cause Erb's paralysis. Medical malpractice is the term used when injuries to the brachialplexus occur by the carelessness or negligence of a doctor, nurse or hospital personnel.

In the event of a successful claim parents may be awarded compensation for medical expenses, physical and occupational therapy as well as surgery. In order to prove that a doctor was negligent the legal team has to show that they failed to meet the standard of care. They must also demonstrate that this failure was a direct and significant cause of the infant's injury.

In many instances doctors make the mistake of over-stretch the baby's neck or shoulder when trying to pull them through the birth canal. This could stretch the neck nerves of the baby and result in a stroke on one or both sides. When a birth is difficult it is common for doctors to use forceps or a vacuum extractor to force the baby through the birth canal. This can result in nerve damage.

Statute of Limitations

Parents of children suffering from Erb's Palsy may be entitled to compensation. However, there is a strict deadline known as the statute limitations that limits how long families are required to file legal actions.

Generally speaking, the statute of limitations begins on an individual's 18th birthday. If you believe that medical malpractice or negligence caused your child's Erb's Palsy it is essential to consult an Erb’s Palsy lawyer right away to determine whether you are entitled to sue.

Erb's palsy is caused by damage to the brachial-plexus nervous system in the baby's neck and shoulder. The most common cause of this injury is when the head of a child gets stuck beneath the pelvic bone during labor or birth and is referred to as shoulder dystocia. When medical professionals attempt to free the baby who is stuck, they may push too hard on their necks and shoulders, damaging the nerves of the arm.

A midwife or doctor should be able to spot potential complications such as shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they breach this duty by pulling too heavily on the neck or shoulders and neck, it could be deemed medical malpractice. Medical malpractice victims can be awarded compensation for the ongoing care of their child and medical expenses.

Filing a Lawsuit

An attorney can aid those children who suffer from erb's palsy due to medical negligence at birth, file a lawsuit. The lawyer will then pursue the doctor or other medical professionals who caused the injury. Lawsuits can assist parents in obtaining financial compensation that covers medical bills, therapy costs, assistive devices, and lost wages. They can also give families the feeling of justice and closure.

A no-cost consultation with a seasoned lawyer is the first step in the legal process. If the lawyer believes the case is meritorious then they will file a demand letter with the defendants. The demand letter should contain the facts of the case as well as an offer for compensation.

In the discovery phase, the legal team will gather evidence and speak with witnesses to build a solid case. They will also present a report to the court. The defendants' legal team will then review the claim and make a response of their own.

In a perfect scenario, the parties would reach an agreement that satisfied both parties. However many cases do not come to an agreement, and some end up going to trial. During a court trial, the jury and a judge will hear both sides' arguments in order to decide who will win. If the plaintiff wins, he or she will receive a payment and the case will be closed. If the plaintiff loses then the plaintiff will not receive any compensation.