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Erb's Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy expenses. This kind of personal injury claim could help parents pay their child's medical expenses.

Birth defects that are not properly addressed during the childbirth process could cause abrasions as well as other injuries to the brachial plexus nerves. Often doctors need to apply pressure during birth but if they do it too much or underestimate the amount of pressure, it can cause an injury.

Medical Malpractice

A medical malpractice claim is based on medical professionals' failure to meet their standard of care in a particular set of circumstances. This could include inadequate prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or inability to perform a C section when it is required.

Erb's palsy is caused by an illness that affects the brachial nerve that regulates the movement and sensations of the shoulder, arm, and hand. It usually occurs as a result of an injury or a pull that tears or stretches the nerves.

In many cases, injuries that cause Erb's 'Palsy' can be avoided. However, it is a common type of birth injury that many parents do not anticipate. In the process of birth the parent is juggling numerous thoughts going through their minds and it is very difficult to notice signs of an error that could result in an injury that is serious to the medical system.

An experienced erb's palsy lawyer can assist parents in determining if their child's condition was due to medical negligence. If this is the situation, a lawsuit could be filed for the financial compensation needed to pay for medical treatment and assistive equipment. It is not able to reverse the consequences of birth injuries however, it can give a child the financial assistance they require to live a fulfilling life. The majority of erb's palsy lawsuits settle before trial, which is why it is important to act fast.

Birth Injury

The financial and emotional strain of living with erb’s palsy is immense. Settlements for erb's palsy law firms Palsy may aid families in paying for therapy, treatment and assistive devices. The brachialplexus comprises the nerve system that runs through the arm of your child. It provides sensation and coordinated movements to their hands and arms. A forceful pull during labor and delivery or the use of instruments could damage this network of nerves and lead to the development of Erb's palsy. Medical malpractice is a case of injuries to the brachialplexus result by the carelessness or negligence of a physician, nurse or hospital personnel.

Parents who prevail in their case can receive compensation for medical bills such as physical therapy, occupational therapy as well as surgery. To show that a doctor is negligent the legal team will need to prove that they didn't meet the requirements of medical care. They must also prove that the failure was the primary and most direct cause of the birth injury.

In many cases doctors mistakenly over-stretch an infant's neck or shoulder when trying to pull them through the birth canal. This action can stretch the nerves in the neck of the infant and trigger strokes that affect either or both sides of their head. In the event of a difficult birth it is common for the doctor to utilize forceps or an extractor to push the child through the birth canal. This can result in nerve damage.

Statute of Limitations

Parents who have a child who suffers from erb's paralysis could be entitled to compensation. There is a deadline known as the statutes limitations, that limits the time a family can legally pursue legal action.

Generally speaking, the statute of limitation begins on the 18th birthday of an individual. If you believe that negligence or medical malpractice caused your child's Erb's-Pallsy it is imperative to speak with an Erb's Palsy lawyer right away to determine if you have the right to pursue a lawsuit.

Erb's Palsy is caused due to damage to the brachial-plexus nerve network in the neck of the baby and shoulder. This injury is often caused when a child's head becomes stuck between the pelvic bones during labor or delivery. This condition is known as shoulder dystocia. When medical professionals attempt to remove the baby who is stuck or a child, they could forcefully pull on their shoulders and neck and end up damaging the nerves of the arm.

A doctor or midwife must be able to recognize potential complications, such as shoulder dystocia, and understand how to safely deliver a baby without causing injury to it. If they fail to fulfill this obligation by putting pressure on the shoulders or neck too hard or bending the neck too much, it could be considered negligent. Medical malpractice victims can receive compensation for their child's ongoing treatment and medical bills.

Filing a Lawsuit

If a baby is diagnosed with erb's palsy due to medical negligence during the birth, an attorney may assist the baby to file a lawsuit against the medical professional and other medical professionals accountable for the injury. Parents can get financial compensation for medical bills and therapy, as well as assistive devices and lost wages through lawsuits. They can also give families a sense justice and closure.

A free consultation with a seasoned lawyer is the first step in the legal process. If the lawyer believes the case is valid, they will send an official demand letter to defendants. The demand letter will contain the facts of the case along with a request for compensation.

During the discovery stage, the legal team will gather evidence and interview witnesses in order to construct a strong case. The team will also file a court document. The legal team of the defendants will then look over the claim and then respond with their own.

In an ideal world, the parties would reach a settlement which satisfied both parties. However many cases do not come to an agreement, and some end up going to trial. During a court trial, jurors and judges hear both sides' arguments in order to decide who will win. If the plaintiff wins the case, they will receive an amount. If the plaintiff loses, he / won't receive any compensation whatsoever.