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Erb's Palsy Legal

Erb's legal issue involves the filing of an insurance claim or lawsuit to seek reimbursement for medical bills and therapy costs. This type of personal injury claim may aid parents in paying for the treatment of their child.

Birth-related medical errors can cause abrasions, or other injuries to the nerves of the brachialplexus. Doctors often need to use pressure during the delivery. However, if they apply too much pressure or do not know the amount of pressure needed it could cause an injury.

Medical Malpractice

A medical malpractice claim is the result of medical professionals' failure to perform their standard of care in a certain set of circumstances. This could be due to improper care during pregnancy, inability to identify an issue with pregnancy (such as fetal macrosomia), or failures to perform C-sections when needed.

Erb's palsy is a condition that affects the brachial plexus nerves that control movement and sensation in the arm, shoulder and hand. It is usually caused by a traumatizing stretch or pull which tears or stretch the nerves.

In many cases, injuries that cause erb's Palsy are avoidable. It is a common birth defect that parents aren't aware of. During the birthing process, parents can be distracted by a multitude of things and can easily ignore warning indicators that could lead serious medical errors.

An experienced lawyer who specializes in erb's paralysis can help parents determine the cause of their child's illness due to medical negligence. If so, a lawsuit may be brought to recover an amount of money to be used toward medical treatments and assistive devices. Money cannot undo the effects of birth injuries but it can provide a child with the financial resources they require to live a full and happy life. Most erb's palsy lawsuits are settled before trial, therefore it is crucial to act quickly.

Birth Injury

The emotional and financial burden of living with erb's paralysis is significant. An Erb's palsy settlement can help families cover therapies, treatments and assistive devices. The brachialplexus refers to the nerve system that runs through the arm of your child. It provides sensation and coordinated movements to their hands and arms. This network of nerves can be damaged when you pull too hard during delivery or using instruments. Brachial plexus injuries are considered medical malpractice if they were caused by the negligence of medical professional or hospital staff.

Parents who win their case can receive compensation for medical bills, physical therapy, occupational therapy and even surgery. In order to prove that a doctor was negligent the legal team has to demonstrate that they did not meet the standard of care. They must also demonstrate that this failure was a direct and proximate reason for the infant's birth injury.

In a lot of cases doctors mistakenly over-stretch the shoulder or neck of an infant in order to guide them through the birth canal. This can stretch the neck nerves of the infant and cause a stroke on either or both sides. It is also typical for a doctor to incorrectly utilize a vacuum extractor or forceps during labor to push a baby through the birth canal, which can cause nerve damage.

Statute of Limitations

Parents whose child has erb's syndrome may be qualified for compensation. However there is a strict time frame known as the statute of limitations that restricts the time families are required to pursue legal action.

The statute of limitations usually begins on the 18th birthday of an individual. Parents who believe their child's erb's palsy was caused by medical malpractice or negligence should consult an attorney for Erb's Palsy as soon as possible to determine if they are entitled to bring an action.

Erb's palsy is caused by damage to the brachial plexus nerve located in the neck and shoulder. The most common cause of this injury is when the head of a child gets trapped beneath the pelvic bone during the birth or labor and is referred to as shoulder dystocia. When medical professionals attempt to free a stuck infant in the womb, they may over-reach on the shoulders and the neck, which may damage the nerves in the arm.

A midwife or doctor should be able to recognize potential complications such as shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they violate this duty by pulling on the shoulders or neck too hard this could be construed as negligence. Fortunately, those who suffer from medical malpractice are able to seek compensation to cover their child's medical bills and ongoing medical care.

Filing a Lawsuit

If a baby is diagnosed with erb's palsy attorneys syndrome due to negligent medical care during the delivery, an attorney could help the baby file lawsuits against the doctor and other medical personnel accountable for his or her injury. Parents can receive financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also assist families achieve a sense of justice and closure.

The legal process for a lawsuit begins with a free consultation with an experienced lawyer. If the attorney feels that the case is legitimate, they will send an official demand letter to defendants. The demand letter should contain the details of the case as well as an offer for compensation in the form of money.

During the discovery stage during the discovery phase, the legal team will gather evidence and talk with witnesses to construct a convincing case. The team will also file the court report. The legal team of the defendants will then examine the claim and then respond with their own.

In a perfect world the parties would agree to an agreement that satisfied both parties. Not all cases are settled and many go to trial. During a court trial, the jury and a judge will examine both sides' arguments to determine who wins. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses, the plaintiff will not receive any money.