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Erb’s Palsy Legal

Erb’s palsy legal involves the filing of an insurance claim or lawsuit to claim compensation for medical bills and therapy costs. This type of personal injury claim could help parents pay for the treatment of their child.

Medical errors during childbirth can cause abrasions, or other injuries to the nerves of the brachialplexus. Doctors often need to use pressure during the delivery. However, if they apply too much pressure or do not know the amount of pressure required it could result in an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional breaching their standard of care under an aforementioned set of circumstances. This may include care that was not provided during pregnancy, inability to identify an issue with pregnancy (such as fetal macrosomia) or failing to perform C-sections when necessary.

Erb’s palsy is a disorder that affects the brachial nerves that regulate movement and sensation in the arm, shoulder and hand. It usually occurs as a result of a traumatic pull or stretch that causes tears or stretching of the nerves.

In most cases, the injuries that cause erb’s syndrome can be prevented. But, it’s a common type of birth injury that a lot of parents aren’t prepared for. When delivering parents have many thoughts running through their minds and it’s quite easy to overlook signs of an error that could result in a serious medical mistake.

An experienced erb’s palsy lawyer can assist parents in determining the cause of their child’s illness due to medical negligence. If this is the case, a lawsuit can be filed for financial compensation to cover medical treatment and assistive equipment. Money cannot undo the effects of birth injuries however, it can provide a child with the financial assistance they require to live a fulfilled life. Most erb’s palsy cases are settled before trial, so you must act quickly.

Birth Injury

Living with erb’s paralysis can be emotionally and financially draining. An Erb’s Palsy settlement may aid families in paying for treatment, therapy, and assistive devices. The brachialplexus is the group of nerves that runs along your child’s arm. It provides sensation and coordinated movements to their hands and arms. Forceful pulling during labor and delivery or the use or manipulation of instruments can damage this network of nerves and cause Erb’s palsy. Injuries to the brachial nerve are considered medical malpractice if they were caused by the negligence of doctor or hospital staff.

If a claim is successful, parents can receive compensation that covers medical bills, physical and occupational therapy as well as surgery. In order to prove that a doctor was negligent, the legal team must demonstrate that they did not meet the standard of care. They must also show that the failure was a direct and immediate cause of the infant’s birth injury.

In many cases doctors make the mistake of push too hard on an infant’s neck or shoulder when trying to guide them through the birth canal. This can strain the nerves of the neck of the infant and trigger a stroke, affecting one or both sides of their head. When a birth is difficult it is normal for the doctor to use forceps or a vacuum extractor to force the baby through the birth canal. This could cause nerve damage.

Statute of limitations

Parents with children who has erb’s parisis may be entitled to compensation. However, there is a strict time frame known as the statute of limitations that restricts the time families have to file legal actions.

Generally, the statute of limitations begins on an individual’s 18th birthday. Parents who believe their child’s erb’s syndrome was the result of medical malpractice or negligence should speak with an Erb’s palsy lawyer promptly to determine whether they are entitled to bring an action.

Erb’s syndrome is a condition that results from damage to the nerve system in the shoulder and neck, known as the brachial plexus. This condition is typically caused when the child’s head gets stuck between the pelvic bones during labor or birth. The condition is known as shoulder dystocia. When medical professionals try to remove a stuck infant and push too hard on the shoulders and the neck, which can damage the nerves in the arm.

A midwife or doctor must be able of recognizing 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 excessively on the neck or the shoulders, it could be considered medical malpractice. The victims of medical malpractice can receive compensation for ongoing medical care and medical bills.

Filing a Lawsuit

An attorney can aid those children who suffer from erb’s palsy as a result of medical negligence during birth file a lawsuit. The lawyer will then pursue 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 provide families with the feeling of justice and closure.

The legal process for a lawsuit begins with a no-cost consultation with a knowledgeable lawyer. If the lawyer believes the case is meritorious and merits a lawsuit, they will file a demand letter with the defendants. The demand letter will include the facts of the case and an offer for compensation.

During the discovery stage, the legal team will gather evidence and talk with witnesses to construct a convincing case. They will also present a report to the court. The defendants’ legal team will then review the claim and respond with their own.

Ideally, parties will reach an agreement that is acceptable to both sides. Not all cases are settled, and some go to trial. In a court trial the jury and judge will hear both sides’ arguments to determine the winner. If the plaintiff wins, he will receive a payment and the case will be closed. If the plaintiff loses, they won’t get any compensation.