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Erb's Palsy Legal

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

The complication of a medical error during childbirth could cause abrasions as well as other injuries to the brachial plexus nerves. Often doctors need to apply pressure during the delivery, but if they use too much or misjudge the amount of pressure, it could result in injury.

Medical Malpractice

A medical malpractice claim is an accusation of an healthcare professional's inability to provide the required care in a particular set of circumstances. This can include improper prenatal care, an inability to recognize a pregnancy-related issue (such as fetal macrosomia) or failing to perform a C section when necessary.

Erb's palsy is caused by a condition affecting the brachial nerve system that regulates movement and the sensations in the arm, shoulder, and hand. It is often caused by traumatizing pull or stretch that stretches or tears the nerves.

In many cases, the injuries that cause erb's palsy law firm syndrome can be prevented. This is a common birth defect that parents aren't aware of. During the birthing process, parents can be distracted by a variety of things and it's very easy to overlook signs that could lead to serious medical errors.

An experienced erb's palsy lawyer can help parents determine the cause of their child's illness due to medical negligence. If it is the lawsuit could be filed to seek 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 support they need to live a fulfilling life. The majority of cases involving erb's syndrome settle before going to trial, therefore it is imperative to act quickly.

Birth Injury

The emotional and financial burden of living with erb's palsy is immense. An Erb's Palsy settlement may aid families in paying for therapy, treatment and assistive devices. The brachial plexus is a set of nerves in your child's arm that provide sensation and coordinated movement to the hands and arms. The nerves in this network can be damaged when you pull too hard during delivery or using instruments. Medical malpractice is considered when injuries to the brachialplexus result by the carelessness or negligence of a doctor, nurse, or hospital staff.

In the event of a successful case parents may be awarded the amount they owe for medical bills as well as occupational and physical therapy and surgery. In order to prove that a doctor was negligent the legal team must prove that they failed to meet the standard of care. They must also show that this negligence was a direct and significant cause of the infant's birth injury.

In a majority of cases, a doctor will mistakenly pull too hard on an infant's neck or shoulder when attempting to get them through the birth canal. This can cause stretching of the nerves in the neck of the baby, causing strokes, which can affect the head on one or both sides of their head. It is also common for a doctor to inadvertently use a vacuum extractor forceps in the event of a difficult birth to force a child through the birth canal, which could cause nerve damage.

Statute of Limitations

Parents of children with Erb's palsy could be entitled to compensation. There is a time limit, called the statutes of limitations, that limits how long a family may take legal action.

The statute of limitations 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 important to speak with an Erb's Palsy lawyer immediately to determine if you have the right to sue.

Erb's syndrome is a condition which is caused by damage to the nerves' network in the shoulder and neck, known as the brachial plexus. This injury is often caused by the child's head getting stuck between the pelvic bones during the labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to free the baby who is stuck in the process, they might push too hard on their necks and shoulders and end up damaging the nerves of the arm.

A doctor or midwife must be able to anticipate problems such as shoulder dystocia and know how to safely deliver a baby without harming it. If they fail to fulfill this obligation by putting pressure on the shoulders or neck excessively this could be construed as malpractice. Medical malpractice victims may be eligible for compensation for the ongoing care of their child and medical bills.

Filing a Lawsuit

An attorney can aid the child who is diagnosed with erb's palsy as a result medical negligence at birth, file a lawsuit. The lawyer will then sue the doctor or other medical caregivers that caused the injury. Parents can seek financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They also provide families with the satisfaction of having their issues resolved and a sense of closure.

The legal procedure for Erb's Palsy a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the attorney feels that the case is valid they will then send an official demand letter to defendants. The demand letter will contain the facts of the case and a request for compensation.

During the discovery phase, the legal team will collect evidence and talk with witnesses to construct an evidence-based case. They will also present a report to the court. The legal team of the defendants will review and respond to the claim.

Ideally, parties will reach an agreement that is satisfactory for both parties. However many cases do not come to the point of settlement, and many will go to trial. In a trial, a jury and judge will hear both sides' arguments to determine who wins. If the plaintiff wins, he will be awarded a prize and the lawsuit will be concluded. If the plaintiff loses, he or is not eligible for compensation whatsoever.