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erb's palsy law firm Palsy Legal

Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This type of personal injury claim can aid parents in paying for the care of their child.

The birth of a child can cause abrasions or other injuries to the brachialplexus's nerves. In many cases, doctors have to apply pressure during the delivery however if they apply too much pressure or do not accurately gauge the amount of pressure they apply, it could result in an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional's breaching their standard of care under the context of a particular set of circumstances. This could be due to inadequate prenatal care, a failure to detect a pregnancy problem (such as fetal macrosomia) or failure to perform a C-section if necessary.

Erb's syndrome is a condition that affects the brachial plexus nerve system that controls movement and sensation in the arm, shoulder and hand. It typically occurs due to an injury or a pull that causes tears or stretching of the nerves.

In many cases, injuries that cause Erb's palsy can be avoided. It is an extremely common birth injury that parents aren't aware of. During the birth process there are numerous thoughts going through their minds and it is very difficult to notice signs of a mistake which could result in a serious medical error.

An experienced erb’s palsy attorney can assist parents in determining whether their child's condition is caused by medical malpractice. If so, a lawsuit may be brought to recover an amount of money to be used towards medical treatments and assistive devices. While money can't erase the effects of birth injuries, it can provide the financial help needed by a child to live a healthy and fulfilling life. Most erb's palsy lawsuits end up being settled before going to trial, which is why it is important to act fast.

Birth Injury

Living with erb's palsy can be financially and emotionally draining. A settlement for Erb's palsy could aid families in paying for therapy, treatment and assistive devices. The brachialplexus is a collection of nerves in the arm of your child which provide sensation and coordinated movement to the hands and arms. This network of nerves can be damaged when you pull too hard during delivery or using instruments. Medical malpractice is considered when injuries to the brachialplexus are triggered through the negligence or inattention of a doctor, nurse or hospital personnel.

If a claim is successful parents could receive reimbursement for medical bills, physical and occupational therapy, and even surgery. To prove that the doctor was negligent the legal team has to prove that they failed to meet the standards of care. They must also show that this failure was a direct and proximate cause of the infant's birth injury.

In a lot of cases doctors pull on the infant's shoulder or neck when they are trying to get them into the birth canal. This could stretch the neck nerves of the infant and cause a stroke to one or both sides. It is also typical for a doctor not to properly utilize a vacuum extractor or forceps during a difficult birth. This can force a child through the birth canal, which can cause nerve damage.

Statute of limitations

Parents whose child suffers from Erb's palsy could be eligible for compensation. There is a time limit known as the statutes limitations, that restricts how long a family can pursue legal action.

The statute of limitation generally begins on the 18th birthday of an individual. If you suspect that medical malpractice or negligence caused your child's erb's palsy It is crucial to consult with an Erb's & Palsy lawyer right away to determine if you have the right to sue.

Erb's palsy is a complication that is caused by damage to the network of nerves in the baby's shoulder and neck, also known as the brachial plexus. This type of injury usually occurs by the child's head getting trapped under the pelvic bones during labor or birth. The condition is known as shoulder dystocia. When medical professionals attempt to remove a baby stuck, they may push too hard on their shoulders and neck, causing damage to nerves in the arm.

A doctor or midwife should be able to spot potential problems such as shoulder dystocia and know how to safely deliver the baby without causing an injury. If they violate this obligation by pulling too heavily on the neck or the shoulders, it could be considered medical malpractice. Fortunately, the victims of medical malpractice can recover compensation to cover the medical bills of their child as well as ongoing treatment.

Filing an action

An attorney can assist those who have children with erb's palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical personnel who caused the injury. Legal action can help parents receive financial compensation for costs for therapy, medical bills as well as assistive devices and lost wages. They can also assist families achieve a sense of justice and closure.

A free consultation with a lawyer experienced is the first step in the legal process. If the lawyer believes an argument is valid the lawyer will submit a demand to the defendants. The demand letter will include the facts of the case and an offer for compensation.

During the discovery phase the legal team will gather evidence and speak with witnesses to create an evidence-based case. The team will also prepare the court report. The defendants' legal team will then look over the claim and then respond with their own.

In a perfect world, the parties would agree to an agreement that satisfied both sides. However, not all cases are settled, and many are sent to trial. During a court trial, a judge and jury will examine both sides' arguments in order to decide who will win. If the plaintiff succeeds, the plaintiff will be awarded a prize and the case will end. If the plaintiff loses, he or is not eligible for compensation whatsoever.