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Erb's Palsy Legal

Erb's palsy legal involves the filing of an insurance claim or lawsuit to obtain reimbursement for medical bills and therapy costs. This kind of personal injury claim can help parents pay their child's medical expenses.

Inaccurate medical interventions during childbirth could cause abrasions and other injuries to the brachialplexus's nerves. Often doctors need to apply pressure during birth but if they do it too much or misjudge the amount of pressure they apply, it could result in injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional who violated their standard of care during certain circumstances. This could include inadequate prenatal care, an inability to detect a pregnancy problem (such as fetal macrosomia), or failure to perform a C-section when required.

Erb's palsy is a condition that affects the brachial nerve system that controls movement and sensation in the arm, shoulder, and hand. It is often caused by a severe stretch or pull which tears or stretch the nerves.

In a majority of cases, the injuries that cause erb's syndrome can be prevented. However, it is an extremely common birth injury that many parents don't anticipate. During the birthing process, parents can be distracted by many things and it's easy to overlook signs that could lead to serious medical errors.

An experienced erb's Palsy attorney can assist parents in determining whether the child's condition is a result of medical negligence. If this is the case, a lawsuit can be filed for financial compensation to cover medical treatments and assistive equipment. While money won't completely erase the effects of birth injuries, it can provide the financial assistance that a child requires to live a healthy and fulfilling life. The majority of cases involving erb's syndrome settle before trial, so you should act quickly.

Birth Injury

Living with erb's paralysis can be emotionally and financially draining. A settlement for Erb's palsy could help families pay for therapy, treatment, and assistive devices. The brachial plexus is a set of nerves that are located in the arm of your child which provide sensation and coordinated movement to the hands and arms. A forceful pull during labor and birth or the use of instruments may cause damage to this nerve network and cause Erb's Palsy. Medical malpractice is the term used when injuries to the brachialplexus result through the negligence or inattention of a doctor, nurse or hospital staff.

If a claim is successful parents may be awarded compensation that covers medical bills as well as occupational and physical therapy and surgery. To prove that a doctor was negligent the legal team must to show that they failed to meet the standard of medical treatment. They must also demonstrate that the negligence was the direct and proximate cause of the birth injury.

In a lot of cases doctors mistakenly push too hard on the shoulder or neck of an infant when attempting to get them through the birth canal. This could cause stretching of the neck nerves of the infant and cause a stroke to one or both sides. It is also typical for a doctor to incorrectly use a vacuum extractor, or forceps during labor to force a baby into the birth canal, which can cause nerve damage.

Statute of Limitations

Parents of children with erb's paralysis may be entitled to compensation. However, there is a strict deadline known as the statute limitations that limits how long families have to pursue legal action.

Generally speaking, the statute of limitations begins at the age of 18. If you suspect that medical malpractice or negligence caused your child's Erb's palsy it is essential to speak with an mckinney erb's palsy attorney Palsy lawyer right away to determine whether you have the right to pursue a lawsuit.

Erb's Palsy is caused by damage to the brachial plexus nerve located in the neck and shoulder. Typically, this type of injury occurs when a child's head gets stuck beneath the pelvic bone during the birth or labor or delivery, erb's Palsy Attorney a condition known as shoulder dystocia. When medical professionals try to extract a stuck infant or a child, they may over-reach on the shoulders and the neck, which damages the nerves that run through the arm.

A midwife or doctor must be able to recognize potential issues like shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they fail to fulfill this responsibility by pulling too excessively on the neck or shoulders this could be construed as medical malpractice. Fortunately, victims of medical malpractice can recover compensation to pay for their child's medical bills and Erb's palsy attorney ongoing care.

Filing a Lawsuit

An attorney can help a child who develops erb’s palsy as a result medical negligence during birth file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical providers who caused the injury. The law suits can help parents obtain financial compensation that covers costs for therapy, medical bills as well as assistive devices and lost wages. They can also help families find a sense justice and closure.

A no-cost consultation with a lawyer who has experience is the first step in the legal process. If the lawyer feels the case is valid and enforceable, they will send an email to the defendants. The demand letter will include the facts of the case along with a request for compensation.

During the discovery stage, the legal team will gather evidence and interview witnesses to build a solid case. The team will also submit a court report. The legal team of the defendants will then review the claim and respond with their own.

Ideally, parties will reach an agreement that is acceptable to both parties. Some cases are not settled and many go to trial. In a trial, a jury and judge will listen to the arguments of both sides to decide who is the winner. If the plaintiff wins the case they will receive an amount. If the plaintiff loses then the plaintiff will not receive any compensation.