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Erb's Palsy Legal

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

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 use excessive force or fail to gauge the pressure needed, it could cause injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional who violated their standards of care in a specific set of circumstances. This could be due to inadequate prenatal care, inability to recognize a pregnancy-related issue (such as fetal macrosomia) or failure to perform a C-section when needed.

Erb's Palsy is caused by a condition affecting the brachial nerve network that controls the sensations and movement of the arm, shoulder, and hand. It often results from an injury or a pull which tears or strains the nerves.

In many cases, injuries that cause erb's syndrome can be prevented. However, it is an extremely common birth injury that parents aren't prepared for. During the birth process, a parent has a million things running through their mind and it's difficult to notice signs of a mistake that could result in 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 malpractice. If it is the lawsuit could be brought to recover an amount of money to be used towards medical treatments or assistive devices. While money can't erase the effects of birth injuries, it can provide the financial assistance the child needs to live a full and healthy life. Most erb's palsy lawsuits are settled 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 considerable. An erb's palsy attorneys Palsy settlement may help families pay for treatment, therapy, and assistive devices. The brachialplexus comprises the group of nerves that runs along the arm of your child. It gives sensation and Erb's Palsy attorneys coordinated movements to their arms and hands. Forceful pulling during labor or delivery or the use of instruments could damage this network of nerves and cause Erb's paralysis. Injuries to the brachial plexus are considered medical malpractice if they were caused through the negligence of a hospital or doctor.

Parents who win their case can be awarded compensation for medical expenses such as physical therapy, occupational therapy, and surgery. To prove that the doctor was negligent the legal team must demonstrate that they did not meet the standard of care. They must also prove that the failure was a direct and significant reason for the infant's birth injury.

In a lot of cases doctors mistakenly push too hard on the neck or shoulder of a newborn when attempting to get them through the birth canal. This can cause strain on the neck nerves of the baby and result in a stroke either or both sides. During a difficult delivery it is common for the doctor to utilize forceps or an extractor to force the infant through the birth canal. This can result in nerve damage.

Statute of limitations

Parents who have a child with erb's palsy lawyer paralysis may be entitled to compensation. There is a deadline known as the statutes limitations, which limits how long a family can take legal action.

Generally speaking, the statute of limitations starts when an individual turns 18. If you suspect that negligence or medical malpractice caused your child's erb's palsy it is imperative to consult an Erb’s Palsy lawyer immediately to determine whether you have the legal right to sue.

Erb's syndrome is a condition that is caused by injury to the network of nerves in the shoulder and neck, referred to as the brachial plexus. Most often, this injury occurs when the head of a child gets stuck underneath the mother's pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals attempt to free the baby who is stuck, they may pull too hard on their necks and shoulders and end up damaging the nerves of the arm.

A midwife or doctor must be able anticipate complications, such as shoulder dystocia, and know how to safely deliver a baby without injuring it. If they violate this requirement by putting pressure on the neck or shoulders too hard this could be construed as negligence. Medical malpractice victims can be awarded compensation for the ongoing care of their child and medical bills.

Filing a Lawsuit

If a baby is diagnosed with erb's palsy as a result of medical negligence during delivery an attorney could aid the child in filing a lawsuit against the medical doctor and other medical care providers responsible for his or her injury. Parents can receive financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also provide families with an understanding of justice and closure.

A no-cost consultation with a lawyer experienced is the first step in the legal process. If the attorney believes a case has merit, they will send a demand letter to the defendants. The demand letter will outline the facts of the case as well the request for monetary compensation.

During the discovery stage in the discovery phase, the legal team will gather evidence and speak with witnesses to create a convincing case. They will also submit a report to the court. The legal team of the defendants will then review the claim and make a response of their own.

Ideally, parties will come to an agreement that is satisfactory for both sides. However there are cases that do not reach an agreement, and some end up going to trial. In a court trial the jury and judge will consider both sides' arguments to decide who will win. If the plaintiff succeeds, the plaintiff will receive a payment and the case will end. If the plaintiff loses, he or will not receive any compensation at all.