Erb's Palsy Legal

Legal action for Erb's palsy involves filing an insurance claim or a lawsuit to recover medical expenses and therapy costs. This kind of personal injury claim will help parents pay for the medical bills for their child.

Mistakes in the birth process could cause abrasions as well as other injuries to the brachial plexus nerves. In many cases, doctors have to apply pressure during birth, but if they use too much or underestimate the pressure needed, it could result in injury.

Medical Malpractice

A medical malpractice claim centers on a healthcare professional's breaching their standards of care in an aforementioned set of circumstances. This could be due to improper care during pregnancy, inability to detect any pregnancy-related issues (such as fetal macrosomia) or failure to perform C-sections if needed.

Erb's Palsy is caused due to an issue with the brachial nerve system that controls movement and sensations in the arm, shoulder, and hand. It is usually caused by a painful stretch or pull which tears or stretch the nerves.

In many cases, the injuries that cause erb's palsy are avoidable. However, it is a very common birth injury that many parents don't anticipate. During the birthing process, parents can be distracted by a myriad of things, and it's easy to miss signs that could lead to serious medical mistakes.

An experienced erb's palsy lawyer can assist parents in determining whether their child's condition was caused by medical negligence. If this is the situation, a suit can be filed to seek financial compensation to pay for medical treatment and assistive equipment. While money won't completely erase the effects of a birth injury it can provide the financial support the child needs to live a full and healthy life. The majority of lawsuits involving erb's syphilis settle before trial, therefore it is essential to act fast.

Birth Injury

The financial and emotional strain of living with erb's syndrome is immense. A settlement with Erb's syndrome can assist families with treatment, therapy and other devices. The brachialplexus comprises a network of nerves that are located in the arm of your child that provide a sense of touch and coordinated movement to hands and arms. The nerves in this network can be damaged if you pull too hard during birth or using instruments. Medical malpractice is a case of injuries to the brachialplexus occur by the negligence or carelessness of a nurse, doctor or hospital personnel.

If a claim is successful parents could receive the amount they owe for medical bills as well as occupational and physical therapy, as well as surgery. To demonstrate that a physician is negligent the legal team will need to demonstrate that they did not meet the standards of medical care. They must also show that the failure was a direct and significant reason for the infant's birth injury.

In a majority of cases doctors will pull too hard on the neck or shoulder of a newborn when attempting to get them through the birth canal. This can cause stretching of the nerves of the neck of the baby, causing strokes, which can affect either or both sides their head. It is also common for a doctor to incorrectly use a vacuum extractor or forceps during labor to force a child through the birth canal, which could cause nerve damage.

Statute of Limitations

Parents with children with erb's Palsy attorneys syndrome may be entitled to compensation. However, there is a strict time frame known as the statute of limitations that restricts the time families are required to file legal actions.

The statute of limitations typically commences at the age of 18 of an individual. If you believe that medical malpractice or negligence caused your child's Erb's palsy it is imperative to consult with an erb's palsy lawsuit & Palsy lawyer right away to determine whether you have the right to sue.

Erb's palsy is a condition which is caused by damage to the nerves' network in the shoulder and neck, also known as the brachial plexus. The most common cause of this injury is when the head of a child gets trapped beneath the pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals attempt to remove a stuck infant and Erb's Palsy Attorneys force too much pressure on the shoulders and the neck, which can damage the nerves that run through the arm.

A doctor or midwife should be able to anticipate issues such as shoulder dystocia and know how to safely deliver the baby without causing injury. If they breach this duty by pulling too heavily on the neck or the shoulders this could be construed as medical malpractice. Fortunately, those suffering from medical malpractice are able to seek compensation to cover the medical bills of their child and ongoing medical care.

Filing a Lawsuit

An attorney can help the child who is diagnosed with erb's palsy as a result medical negligence in the birth process file a lawsuit. The lawyer will then sue the doctor or other medical personnel who caused the injury. The law suits can help parents obtain financial compensation for the cost of therapy, medical bills, assistive devices, and lost wages. They also provide families with the satisfaction of having their issues resolved and a sense of closure.

The legal process for filing a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer believes that a case has merit, they will submit a demand to the defendants. The demand letter will include the facts of the case, as well as an offer for compensation.

During the discovery phase the legal team will collect evidence and talk to witnesses to build a solid case. They will also submit an account to the court. The legal team of the defendants will then examine the claim and respond with their own.

In a perfect scenario, the parties would reach an agreement that satisfied both parties. However it is not always the case that cases reach the point of settlement, and many will go to trial. In a court trial the jury and a judge will listen to both sides' arguments to decide who will win. If the plaintiff wins the case they will receive an amount. If the plaintiff loses then the plaintiff will not receive any money.