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Erb's Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills as well as therapy costs. This type of personal injury claim could aid parents in paying for the care of their child.

The complication of a medical error during childbirth can lead to abrasions and other injuries to the brachial plexus nerves. Most doctors will need to apply pressure during birth but if they apply too much or misjudge the pressure needed, it could result in injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional's breach of their standards of care in certain circumstances. This could include inadequate care during pregnancy, inability to detect the presence of a pregnancy-related issue (such as fetal macrosomia) or failure to perform C-sections if needed.

Erb's syndrome is a condition that affects the brachial plexus nerves that regulate movement and sensation in the shoulder, arm and hand. It typically occurs due to traumatizing pull or stretch that causes tears or stretching of the nerves.

In most cases, the injuries that cause erb's syndrome are preventable. It is a common birth defect that most parents are not aware of. When delivering there are many thoughts running through their heads and it is very difficult to notice signs of a mistake that could cause an injury that is serious to the medical system.

An experienced erb’s palsy attorney can help parents determine whether the child's condition is caused by medical negligence. If so the lawsuit could be filed to obtain financial compensation that can go towards medical treatments or assistive devices. Money cannot undo the effects of birth injuries however, it can give a child the financial support they need to live a fulfilling life. The majority of cases involving erb's palsy lawsuits syndrome end up being settled before trial, which is why you must act fast.

Birth Injury

The financial and emotional strain of living with erb’s palsy is immense. A settlement for Erb's palsy could help families pay for therapy, treatment and assistive devices. The brachialplexus refers to the nerve system that runs through the arm of your child. It provides sensation and coordinated movements to their hands and arms. This network of nerves can be damaged by pulling too hard during birth or using instruments. Injuries to the brachial nerve are considered medical malpractice if they were caused by the negligence of a hospital or doctor.

Parents who win their case may be awarded compensation for medical expenses and physical therapy, occupational therapy and even surgery. To show that a doctor is negligent, the legal team must to prove that they failed to meet the standard of medical care. They must also demonstrate that the failure was a direct and immediate cause of the infant's birth injury.

In a majority of cases, doctors will pull on the infant's neck or shoulder when trying to get them into the birth canal. This could stretch the nerves in the neck of the baby and cause strokes, which can affect the head on one or both sides of their head. If the birth experience is difficult the norm is for a doctor to utilize forceps or an extractor to push the child through the birth canal. This can cause nerve damage.

Statute of limitations

Parents whose child has erb's palsy lawsuit palsy may be entitled to compensation. There is a time limit known as the statutes limitations, that restricts the length of time that a family can take legal action.

The statute of limitations usually starts on the 18th birthday of an individual. Parents who believe their child's erb's palsy was the result of medical malpractice or negligence should consult an attorney for the erb's palsy attorneys syndrome immediately to determine whether they are entitled to file an action.

Erb's palsy is a condition that is caused by injury to the nerve system in a baby's shoulder and neck, known as the brachial plexus. Most often, this injury occurs when a child's head becomes trapped beneath the pelvic bone during labor or birth which is known as shoulder dystocia. When medical professionals attempt to remove a baby stuck, they may push too hard on their shoulders and neck and end up damaging the nerves of the arm.

A doctor or midwife must be able to anticipate any complications, such as shoulder dystocia, as well as know how to safely deliver a baby without harming it. If they violate this obligation by pulling too excessively on the neck or shoulders this could be construed as medical malpractice. The victims of medical malpractice can receive compensation for their child's ongoing treatment and medical bills.

Filing an action

An attorney can help a child who develops erb’s palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will bring a lawsuit against the doctor or other medical caregivers that caused the injury. Lawsuits can assist parents in obtaining financial compensation that covers costs for therapy, medical bills as well as assistive devices and lost wages. They can also assist families to feel a sense justice and closure.

The legal process for filing a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer believes an argument is valid and merits a lawsuit, they will file a demand letter with the defendants. The demand letter should contain the facts of the case as well as an offer for compensation.

During the discovery process the legal team will collect evidence and interview witnesses to create a convincing case. They will also submit a report to the court. The legal team of the defendants will then look over and respond to the claim.

In a perfect scenario, the parties would reach an agreement that satisfied both sides. However, not all cases are settled, and many are sent to trial. During a trial, the jury and judge will listen to the arguments of both sides to determine who wins. If the plaintiff wins the case and is awarded an amount. If the plaintiff loses then the plaintiff won't be able to receive any money.