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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 costs. This kind of personal injury claim could help parents pay their child's medical expenses.

The complication of a medical error during childbirth can cause abrasions and other injuries to the brachial plexus nerves. Doctors are often required to apply pressure during the birth. However should they apply too much pressure or fail to recognize how much pressure is needed this could cause an injury.

Medical Malpractice

A medical malpractice claim centers on a healthcare professional's breach of their standard of care during the context of a particular set of circumstances. This could include insufficient prenatal care, an inability to recognize a pregnancy-related issue (such as fetal macrosomia) or failure to perform a C-section when it is 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 traumatizing pull or stretch that tears or stretches the nerves.

In many cases, injuries that cause Erb's Palsy can be prevented. This is a common birth defect that parents aren't aware of. During the birth process there are several things going through their minds and it's very easy to miss signs of an error that could result in an injury that is serious to the medical system.

An experienced lawyer for erb's palsy attorneys syndrome can help parents determine whether their child's condition is caused by medical negligence. If this is the case, a lawsuit can be filed to seek an amount of money to cover medical treatments and assistive devices. The money won't reverse the effects of birth injuries however, it can give a child the financial assistance they require to live a fulfilled life. Most erb's palsy lawsuits settle before trial, therefore it is important to act fast.

Birth Injury

The emotional and financial burden of living with erb's syndrome is considerable. An Erb's Palsy settlement may help families pay for therapy, treatment and assistive devices. The brachial plexus is a group of nerves in the arm of your child that provide sensation and coordinated movement to hands and arms. A forceful pull during labor or delivery or the use of instruments could damage this network of nerves and cause Erb's paralysis. Medical malpractice can be considered if injuries to the brachialplexus occur by the negligence or carelessness of a physician, nurse or hospital personnel.

If a claim is successful parents could receive reimbursement for medical bills, physical and occupational therapy and surgery. To prove that a doctor was negligent, the legal team has to demonstrate that they failed to meet the requirements of medical care. They must also prove that the negligence was the main and primary reason for the birth injury.

In a majority of cases doctors will pull on the neck or shoulder of the infant in an attempt to bring them into the birth canal. This could stretch the nerves of the neck of the baby and cause strokes that affect the head on one or both sides of their head. It is also common for a doctor to inadvertently use a vacuum extractor or forceps in the event of a difficult birth to push a baby through the birth canal, which can cause nerve damage.

Statute of limitations

Parents of children with Erb's Palsy may be eligible for compensation. There is a time limit known as the statutes limitations, that restricts the length of time that a family can pursue legal action.

The statute of limitations generally starts on the 18th birthday of an individual. Parents who believe their child's erb's palsy lawsuits syndrome was the result of medical malpractice or negligence should speak with an attorney who specializes in Erb's palsy as soon as possible to determine whether they have the right to bring an action.

Erb's Palsy is a condition that results from damage to the network of nerves in the shoulder and neck, also known as the brachial plexus. The most common cause of this injury is when the head of a child gets stuck under the pelvic bone during labor or delivery and is referred to as shoulder dystocia. When medical professionals attempt to free a stuck baby and head, they can over-reach their shoulders and neck and end up damaging the nerves of the arm.

A midwife or doctor must be able to anticipate problems, such as shoulder dystocia, as well as know how to safely deliver a baby without injuring it. If they breach this duty by pulling too heavily on the neck or the shoulders or the shoulders, it could be considered medical malpractice. Medical malpractice victims can receive compensation for their child's ongoing treatment and medical bills.

Filing an action

If a baby develops erb's palsy as a result of medical negligence during the birth, an attorney may help the baby file a lawsuit against the medical doctor and other medical care providers accountable for his or her injury. Parents can get financial compensation for medical expenses as well as therapy, assistive devices and lost wages through lawsuits. They can also help families find a sense justice and closure.

A free consultation with a lawyer who has experience is the first step in the legal process. If the lawyer is convinced that the case is meritorious then they will submit a demand to the defendants. The demand letter should contain the facts of the case and the request for monetary compensation.

During the discovery stage the legal team will collect evidence and interview witnesses to create a convincing case. The team will then submit the court report. The defendants' legal team will then review the claim and then respond with their own.

Ideally, parties will come to a settlement that satisfies both sides. However many cases do not come to a settlement and many end up going to trial. In a trial, the judge and jury will hear both sides' arguments to determine who wins. If the plaintiff is successful, he or she will be awarded a prize and the case will come to a close. If the plaintiff loses, he or she will not receive any compensation whatsoever.