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Erb's Palsy Legal

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 could aid parents in paying for the treatment of their child.

The birth of a child can cause abrasions or other injuries to the brachialplexus's nerves. In many cases, doctors have to apply pressure during birth but if they do it too much or underestimate the amount of pressure applied, it could cause injury.

Medical Malpractice

A medical malpractice claim is the result of the failure of a healthcare professional to perform their standard of care in a certain set of circumstances. This could be due to inadequate prenatal care, inability to identify a pregnancy 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 controls the sensations and movement of the shoulder, arm, and hand. It is often caused by a severe stretch or pull that stretches or tears the nerves.

In a majority of cases, the injuries that cause erb's Palsy can be prevented. However, it is a very common birth injury that a lot of parents don't anticipate. During the birthing process, parents are distracted by a myriad of things and it's easy to overlook indicators that could lead serious medical mistakes.

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 case, a lawsuit can be filed for the financial compensation needed to pay for medical treatments and assistive devices. Although money cannot erase the effects of birth injuries, it can provide the financial help needed by a child to live a healthy and fulfilling life. The majority of cases involving erb's palsy law firm palsy are settled before trial, so it is imperative to act fast.

Birth Injury

The experience of living with erb's palsy could be financially and emotionally draining. Settlements for Erb's Palsy can help families pay for treatment, therapy and assistive devices. The brachial plexus is a group of nerves that are located in the arm of your child that provide sensation and coordinated movement to the arms and hands. This network of nerves can be damaged when you pull too hard during delivery or using instruments. Medical malpractice is a case of injuries to the brachialplexus occur by the carelessness or negligence of a physician, nurse or hospital personnel.

Parents who prevail in their case will get compensation for medical expenses as well as occupational therapy, physical therapy therapy and even surgery. In order to prove that the doctor was negligent, the legal team must demonstrate that they did not meet the standards of care. They must also show that this failure was a direct, proximate cause of the infant's injury.

In a lot of cases, a doctor will mistakenly over-stretch the baby's neck or shoulder when trying to pull them through the birth canal. This could cause stretching of the neck nerves of the infant and result in a stroke one or both sides. During a difficult delivery it is common for a doctor to employ forceps or a vacuum extractor to push the child through the birth canal. This can cause nerve damage.

Statute of Limitations

Parents whose child has erb's syndrome may be eligible for compensation. However, there is a strict deadline known as the statute limitations that limits how long families are required to file legal actions.

Generally speaking, the statute of limitations starts at the age of 18. If you believe that medical malpractice or negligence caused your child's Erb's Palsy, it is important to speak with an Erb's Palsy lawyer right away to determine whether you have the right to pursue a lawsuit.

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

A midwife or doctor must be able to anticipate issues like shoulder dystocia, and know how to safely deliver the baby without causing injury. If they violate this obligation by pulling too excessively on the neck or the shoulders, it could be considered medical malpractice. Fortunately, the victims of medical malpractice are able to seek compensation to cover the medical bills of their child as well as ongoing treatment.

Filing an action

An attorney can assist a child who develops erb’s palsy as a result of medical negligence at birth, file a lawsuit. The lawyer will then take action against the doctor or any other medical caregivers that caused the injury. Parents can seek financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can 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 no-cost consultation with an experienced lawyer. If the lawyer believes that a case has merit the lawyer will send a demand letter to the defendants. The demand letter will include the facts of the case and a request for monetary compensation.

During the discovery stage the legal team will gather evidence and speak with witnesses to establish a solid case. The team will also file a court document. The legal team of the defendants will then examine and respond to the claim.

Ideally, parties will come to a settlement that satisfies both sides. However it is not always the case that cases reach an agreement and a lot of cases end up going to trial. In a court trial jurors and judges examine both sides' arguments to determine the winner. If the plaintiff wins, he or she will be paid a sum and the case will come to a close. If the plaintiff loses, the plaintiff will not receive any compensation.