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Erb's Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to claim compensation for medical bills and therapy expenses. This kind of personal injury claim could aid parents in paying for the treatment of their child.

The birth of a child can cause abrasions or other injuries to the nerves of the brachialplexus. Most doctors will need to apply force during delivery however if they apply too much or underestimate the amount of pressure they apply, it could result in injury.

Medical Malpractice

A medical malpractice claim is caused by the failure of a healthcare professional to perform their standard of care in a certain set of circumstances. This could include inadequate prenatal care, inability to detect a pregnancy problem (such as fetal macrosomia) or inability to perform a C section when necessary.

Erb's Palsy is caused by a condition that affects the brachial nerve network that controls movement and sensations in the shoulder, arm and hand. It is often caused by a painful pull or stretch that tears or strains the nerves.

In many cases, the injuries that cause Erb's palsy can be prevented. This is a common birth injury that most parents are not aware of. During the birthing process, parents can be distracted by a myriad of things and it's very easy to overlook indications that could lead to serious medical errors.

An experienced erb's Palsy attorney can assist parents to determine if the child's illness is the result of medical negligence. If this is the case, a lawsuit may be filed to seek financial compensation to cover medical treatments and assistive devices. Money can't undo the harms of birth injuries, but it can provide a child with the financial assistance they require to live a full and happy life. The majority of cases involving erb's syndrome are settled before trial, so you should act quickly.

Birth Injury

Living with erb's syndrome can be emotionally and financially draining. Settlements for Erb's Palsy can assist families with treatment, therapy and other devices. The brachialplexus is a collection of nerves located in your child's arm that provide a sense of touch and coordinated movement to hands and arms. The forceful pulling that occurs during labor or delivery or the use or manipulation of instruments can cause damage to this nerve network and cause erb's palsy law firms paralysis. Injuries to the brachial plexus are considered medical malpractice if they are caused by the negligence of hospital or medical professional.

In a successful claim, parents can receive the amount they owe for medical bills, physical and occupational therapy and surgery. To prove that the doctor was negligent the legal team must show that they failed to meet the standard of care. They must also prove that the failure was a direct and immediate reason for the infant's birth injury.

In many cases doctors will pull on the infant's neck or shoulder in an attempt to bring them into the birth canal. This could stretch the neck nerves of the infant and result in a stroke one or both sides. During a difficult delivery it is normal for doctors to employ forceps or a vacuum extractor to push the child through the birth canal. This can cause nerve damage.

Statute of limitations

Parents with children with erb's syndrome may be entitled to compensation. However there is a specific time frame known as the statute of limitations that limits how long families have to take legal action.

Generally speaking, the statute of limitations is set on the 18th birthday of an individual. Parents who believe their child's erb's palsy was caused by medical negligence or negligence should consult an attorney who specializes in Erb's palsy immediately to determine whether they are entitled to bring a lawsuit.

Erb's syndrome is a condition which is caused by damage to the nerve system in the shoulder and neck, known as the brachial plexus. Typically, this type of injury occurs when a baby's head is stuck under the pelvic bone during labor or birth, a condition known as shoulder dystocia. When medical professionals attempt to remove a stuck infant or a child, they may force too much pressure on the shoulders and neck, which may damage the nerves that run through the arm.

A midwife or doctor must be able to spot potential problems such as shoulder dystocia and be able to safely deliver the baby without causing an injury. If they fail to fulfill this responsibility by pulling too hard on the neck or the shoulders this could be construed as medical malpractice. Fortunately, those who suffer from medical malpractice can seek compensation to cover their child's medical bills and ongoing treatment.

Filing an action

If a baby develops erb's paralysis due to negligent medical care during the delivery, an attorney may help the baby file lawsuits against the doctor and other medical personnel accountable for his or her injury. Lawsuits can help parents get financial compensation to cover costs for therapy, medical bills as well as assistive devices and lost wages. They can also help families achieve a sense of justice and closure.

The legal process for a lawsuit begins with a free consultation with a seasoned lawyer. If the lawyer is convinced that the case has merit then they will file a demand letter with the defendants. The demand letter will contain the facts of the case and the request for monetary compensation.

During the discovery process the legal team will collect evidence and interview witnesses to build a solid case. The team will then submit a court document. The legal team of the defendants will then analyze and respond to the claim.

Ideally, parties will come to an agreement that is satisfactory for both parties. Some cases are not settled, and many are sent to trial. During a court trial, jurors and judges hear both sides' arguments to determine the winner. If the plaintiff wins, he or she will receive a payment and the case will end. If the plaintiff loses, he / will not receive any compensation whatsoever.