Erb's Palsy Legal

Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This type of personal injuries claim could help parents pay the medical bills for their child.

The complication of a medical error during childbirth can cause abrasions and other injuries to the brachial plexus nerves. Often doctors need to apply pressure during birth however if they apply too much pressure or do not accurately gauge the pressure needed, it could result in injury.

Medical Malpractice

A medical malpractice claim is the result of a healthcare professional's failure to provide the required care under a specific set of circumstances. This could be due to inadequate prenatal care, inability to identify a pregnancy issue (such as fetal macrosomia) or failure to perform a C section when it is required.

Erb's syndrome is a condition that affects the brachial nerves that regulate movement and sensation in the arm, shoulder and hand. It often results from a traumatic pull or stretch that tears or stretches the nerves.

In many cases, injuries that cause erb's palsy lawyers Palsy can be prevented. However, this is an extremely common birth injury that many parents don't expect. During the birth process the parent is juggling many thoughts running through their mind and it's quite easy to miss signs of a mistake that could lead to an unintentional medical error.

An experienced lawyer for erb's syndrome can assist parents in determining the cause of their child's illness caused by medical negligence. If this is the situation, a lawsuit could be filed to seek financial compensation to cover medical treatments and assistive devices. Although money cannot erase the effects of a birth injury it can provide the financial support needed by a child to live a full life. The majority of cases involving erb's syphilis are settled before trial, so it is imperative to act fast.

Birth Injury

Living with erb's syndrome can be financially and emotionally draining. Settlements for Erb's Palsy will help families cover treatment, therapy and assistive devices. The brachialplexus is a nerves that run 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 by using instruments. Medical malpractice is the term used when injuries to the brachialplexus are caused due to the negligence or carelessness of a doctor, nurse or hospital staff.

In a successful claim, parents can receive the amount they owe for medical bills, physical and occupational therapy, as well as surgery. In order to prove that a doctor was negligent the legal team has to show that they failed to meet the standard of care. They must also show that the negligence was the sole and primary reason for the birth injury.

In a lot of cases, attorneys doctors will pull on the infant's shoulder or neck in order to guide them into the birth canal. This could stretch the neck nerves of the baby and cause a stroke on either or both sides. It is also common for a doctor to incorrectly use a vacuum extractor, or forceps during a difficult birth. This can force a baby into the birth canal, which could cause nerve damage.

Statute of limitations

Parents whose child suffers from erb's palsy may be entitled to compensation. However there is a specific deadline called the statute of limitations that limit the time families have to pursue legal action.

The statute of limitation generally commences at the age of 18 of an individual. If you suspect that medical malpractice or negligence caused your child's Erb's palsy, it is important to consult with an Erb's & Palsy lawyer immediately to determine whether you have the legal right to pursue a lawsuit.

Erb's Palsy is caused due to damage to the brachial plexus nerve in the baby's neck and shoulder. Often, this injury occurs when the head of a child gets stuck beneath the pelvic bone during labor or delivery which is known as shoulder dystocia. When medical professionals attempt to free a stuck baby, they may pull too hard on their necks and shoulders and end up damaging the nerves of the arm.

A midwife or doctor should be able to recognize potential complications such as shoulder dystocia and know how to safely deliver the baby without causing an injury. If they fail to fulfill this responsibility by pulling too hard on the neck or shoulders, it could be considered medical malpractice. Fortunately, the victims of medical malpractice can claim compensation to pay for the medical bills of their child as well as ongoing medical care.

Filing a Lawsuit

An attorney can assist those children who suffer from erb's palsy as a result medical negligence in the birth process file a lawsuit. The lawyer will then pursue the doctor or other medical caregivers that caused the injury. Lawsuits can help parents get financial compensation for costs for therapy, medical bills, assistive devices, and lost wages. They can also assist families to feel a sense justice and closure.

The legal procedure for a lawsuit begins with a free consultation with a seasoned lawyer. If the lawyer is convinced that the case is legal they will then send an email to the defendants. The demand letter will outline the facts of the case, as well as an appeal for compensation.

During the discovery stage, the legal team will collect evidence and speak to witnesses in order to build an argument that is strong. They will also submit an account to the court. The defendants' legal team will then review the claim and make a response of their own.

Ideally, parties will come to an agreement that pleases both parties. Some cases are not settled, and many are sent to trial. In a trial the judge and jury will hear the arguments of both sides to determine who wins. If the plaintiff wins the case they will be awarded a payment. If the plaintiff loses, he or she will not receive any payment at all.