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

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 birth but if they apply excessive force or fail to gauge the amount of pressure they apply, it could result in injury.

Medical Malpractice

A medical malpractice claim centers on a healthcare professional who violated their standards of care in the context of a particular set of circumstances. This could be due to improper care during pregnancy, failure to recognize a problem with pregnancy (such as fetal macrosomia), or failures to perform C-sections when necessary.

Erb's palsy is a disorder that affects the brachial nerves that control movement and sensation in the shoulder, arm and hand. It usually occurs as a result of an injury or a pull that causes tears or stretching of the nerves.

In many instances, injuries that cause Erb's-Pallsy could be avoided. However, this is a very common birth injury that a lot of parents don't anticipate. In the process of birth parents have a million things running through their heads and it's quite easy to overlook signs of a mistake which could result in a serious medical mistake.

An experienced lawyer for erb's syndrome can help parents determine whether their child's condition was due to medical negligence. If this is the situation, a suit can be filed to seek the financial compensation needed to pay for medical treatments and assistive devices. While money won't completely erase the effects of a birth injury it can provide the financial support a child needs to live a healthy and fulfilling life. Most erb's palsy lawsuits end up being settled before trial, so it is crucial to act quickly.

Birth Injury

The emotional and financial burden of living with erb's syndrome is significant. A settlement with Erb's syndrome can help families pay for treatment, therapy and assistive devices. The brachialplexus refers to the nerve system that runs along the arm of your child. It gives sensation and coordinated movements to their hands and arms. Instability during labor and birth or the use of instruments may cause nerve damage and lead to the development of Erb's palsy. Medical malpractice is the term used when injuries to the brachialplexus are triggered by the negligence or carelessness of a physician, nurse or lawsuits hospital personnel.

Parents who prevail in their case may be awarded compensation for medical expenses as well as occupational therapy, physical therapy therapy and even 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 show that the error was the sole and primary cause of the birth injury.

In many cases doctors mistakenly over-stretch the neck or shoulder of a newborn when trying to pull them through the birth canal. This could stretch the nerves in the neck of the infant and trigger a stroke, lawsuits affecting either or both sides their head. In the event of a difficult birth it is common for a doctor to make use of forceps or a vacuum extractor to force the child through the birth canal. This could cause nerve damage.

Statute of limitations

Parents of children suffering from erb's syndrome may be entitled to compensation. There is a deadline known as the statutes of limitations, that limits the time a family can take legal action.

The statute of limitation generally starts at the age of 18 of an individual. Parents who believe that their child's erb's palsy was caused by medical negligence or negligence should speak with an Erb's palsy lawyer immediately to determine if they have the right to file a lawsuit.

Erb's syndrome is a condition that results from damage to the nerve network in a baby's shoulder or neck, also known as the brachial plexus. The most common cause of this injury is when a child's head gets stuck under the pelvic bone during the birth or labor and is referred to as shoulder dystocia. When medical professionals attempt to remove a stuck baby and head, they can pull too hard on their shoulders and neck, causing damage to nerves in the arm.

A midwife or doctor must be able anticipate complications such as shoulder dystocia, and understand how to safely deliver a baby without injuring it. If they fail to fulfill this obligation by putting pressure on the neck or shoulders too much and causing pain, it could be regarded as negligence. Fortunately, victims of medical malpractice are able to seek compensation to pay for their child's medical expenses and ongoing care.

Filing a Lawsuit

If a baby is diagnosed with erb's palsy as a result of medical negligence during birth an attorney could aid the child in filing lawsuits against the doctor and other medical caregivers responsible for their injury. Lawsuits can help parents get financial compensation for the cost of therapy, medical bills, assistive devices, and lost wages. They also provide families with the satisfaction of having their issues resolved and a sense of closure.

The legal procedure for a lawsuit begins with a free consultation with a seasoned lawyer. If the lawyer believes the case is a valid one the lawyer will issue an official demand letter to defendants. The demand letter will contain the facts of the case as well an offer for compensation in the form of money.

During the discovery stage, the legal team will collect evidence and interview witnesses to establish a solid case. They will also submit an account to the court. The legal team of the defendants will review the case and then respond with their own.

In an ideal world, the parties could reach a settlement which satisfied both sides. However there are cases that do not reach an agreement and a lot of cases will go to trial. In a trial, a judge and jury will listen to both sides' arguments to decide who is the winner. If the plaintiff wins the case they will receive a payment. If the plaintiff loses then the plaintiff won't be able to receive any compensation.