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Erb's Palsy Legal

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

The birth of a child can result in abrasions or other damage to the nerves of the brachialplexus. In many cases, doctors have to apply pressure during birth but if they apply too much or misjudge the amount of pressure applied, it can cause an injury.

Medical Malpractice

A medical malpractice claim is based on a healthcare professional's breach of their standards of care in a specific set of circumstances. This could include inadequate prenatal care, a failure to recognize a pregnancy issue (such as fetal macrosomia), or failure to perform a C-section when it is required.

Erb's Palsy is a condition that affects the brachial nerves that regulate movement and sensation in the shoulder, arm and hand. It is often caused by a traumatic pull or stretch that tears or strains the nerves.

In many cases, injuries that cause erb's syndrome are preventable. However, it is a common type of birth injury that parents don't expect. During the birthing process, parents can be distracted by many things and it's easy to ignore warning signs that could lead to serious medical errors.

An experienced erb's Palsy attorney can assist parents to determine if their child's condition is caused by medical negligence. If this is the case, a lawsuit can be filed to seek financial compensation to pay for medical treatments and assistive equipment. The money won't reverse the effects of birth injuries however, it can give a child the financial resources they require to live a fulfilling life. Most erb’s palsy cases settle before trial, so you should act quickly.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. Settlements for Erb's Palsy may aid families in paying for therapy, treatment, and assistive devices. The brachialplexus is the nerves that run along your child's arm. It gives sensation and coordinated movements to their hands and arms. Forceful pulling during labor and birth or the use or manipulation of instruments can harm this nerve system and cause Erb's palsy. Medical malpractice is a case of injuries to the brachialplexus result by the negligence or carelessness of a physician, nurse or hospital staff.

Parents who prevail in their case could get compensation for medical expenses such as physical therapy, occupational therapy as well as surgery. To prove that a doctor was negligent, the legal team must show that they failed to meet the standard of care. They must also demonstrate that the negligence was a direct and proximate cause of the infant's birth injury.

In many instances, doctors will pull on the infant's shoulder or neck when they are trying to get them into the birth canal. This can cause strain on the neck nerves of the baby and cause a stroke to one or both sides. During a difficult delivery it is common for doctors to utilize forceps or an extractor to force the baby through the birth canal. This could cause nerve damage.

Statute of limitations

Parents of children suffering from erb's palsy may be eligible for compensation. There is a time limit, called the statutes of limitations, that restricts how long a family can engage in legal action.

Generally speaking, the statute of limitations is set when an individual turns 18. If you suspect that medical malpractice or negligence caused your child's Erb's palsy, it is important to consult an Erb’s Palsy lawyer immediately to determine if you have the right to pursue a lawsuit.

Erb's Palsy is a condition which is caused by damage to the network of nerves in a baby's shoulder and neck, referred to as the brachial plexus. Typically, this type of injury occurs when a child's head becomes trapped beneath the pelvic bone during the labor or delivery process or delivery, a condition known as shoulder dystocia. When medical professionals attempt to free a stuck baby or a child, they could over-reach their shoulders and neck, damaging the nerves of the arm.

A midwife or doctor must be able to spot potential issues like shoulder dystocia and know how they can safely deliver the baby without causing injury. If they fail to fulfill this obligation by pulling on the neck or shoulders too hard this could be construed as malpractice. Medical malpractice victims can be awarded compensation for their child's ongoing care and medical bills.

Filing an action

If a baby is diagnosed with erb's palsy due to medical negligence during birth, an attorney may aid the child in filing lawsuits against the medical professional and other medical professionals accountable for the injury. Parents can receive financial compensation for medical expenses and therapy, as well as assistive devices and lost wages through lawsuits. They also provide families with the feeling of justice and closure.

The legal process for filing a lawsuit begins with a complimentary consultation with an experienced lawyer. If the lawyer believes that the case is meritorious the lawyer will issue a demand note to the defendants. The demand letter should contain the details of the case as well as an offer for compensation in the form of money.

In the discovery phase the legal team will gather evidence and interview witnesses in order to create a convincing case. They will also submit a report to the court. The legal team of the defendants will then examine the claim and respond with their own.

In a perfect world, the parties could reach a settlement that was satisfactory to both sides. However, not all cases reach an agreement and a lot of cases will go to trial. In a court trial jurors and judges consider both sides' arguments in order to decide who will win. If the plaintiff wins the case and is awarded a payment. If the plaintiff loses, he / is not eligible for payment at all.