Erb's Palsy Attorneys Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to obtain reimbursement for medical bills and therapy costs. This type of personal injuries claim will help parents pay for the medical bills of their child.

Medical errors during childbirth can result in abrasions or other damage to the nerves of the brachialplexus. Doctors frequently require force during birth. However, if they apply excessive pressure or don't know how much pressure is needed it could cause an injury.

Medical Malpractice

A medical malpractice claim is based on a healthcare professional's breaching their standard of care during an aforementioned set of circumstances. This could include inadequate care during pregnancy, inability to identify a problem with pregnancy (such as fetal macrosomia) or inability to perform C-sections when necessary.

Erb's palsy is a disorder that affects the brachial plexus nerve system that controls movement and sensation in the arm, shoulder and hand. It is often caused by a traumatic pull or stretch that stretches or tears the nerves.

In many cases, injuries that cause Erb's palsy can be prevented. However, it is a very common birth injury that many parents don't anticipate. When delivering, a parent has a million things running through their mind and it is very easy to miss signs of an error which could result in a serious medical error.

An experienced attorney for erb's palsy can help parents determine whether their child's condition is caused by medical malpractice. If this is the situation, a lawsuit could be filed for the financial compensation needed to pay for medical treatment and assistive equipment. While money can't 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 syndrome end up being settled before trial, so it is crucial to act quickly.

Birth Injury

Living with erb's palsy attorney paralysis can be financially and emotionally draining. An Erb's Palsy settlement may help families pay for therapy, treatment and assistive devices. The brachialplexus is a collection of nerves in the arm of your child that provide sensation and coordinated movement to the hands and arms. This network of nerves can be damaged by pulling too hard during delivery or by using instruments. Brachial plexus injuries are considered medical malpractice if they are caused by the negligence of a hospital or medical professional.

Parents who prevail in their case will be awarded compensation for medical bills as well as occupational therapy, physical therapy therapy as well as surgery. To prove that the doctor was negligent the legal team must demonstrate that they did not meet the standards of care. They must also show that this negligence was a direct and significant cause of the infant's birth injury.

In a majority of cases, a doctor will mistakenly push too hard on the neck or shoulder of a newborn when attempting to get them through the birth canal. This could stretch the nerves of the neck of the infant and trigger strokes, which can affect either or both sides of their head. During a difficult delivery, it is common for the doctor to use forceps or a vacuum extractor to force the baby through the birth canal. This can cause nerve damage.

Statute of Limitations

Parents whose child suffers from Erb's Palsy may be entitled to compensation. However there is a strict time frame known as the statute of limitations that limits how long families are required to file legal actions.

The statute of limitations generally commences at the age of 18 of an individual. Parents who believe their child's erb's-related palsy was the result of medical malpractice or negligence should consult an attorney for the Erb's syndrome as soon as they can to determine whether they are entitled to bring a lawsuit.

Erb's Palsy is caused due to damage to the brachial-plexus nerve network located in the neck and shoulder. This type of injury usually occurs when the child's head gets stuck between the pelvic bones during the labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to free the baby who is stuck or a child, they could push too hard on their necks and shoulders, causing damage to nerves in the arm.

A midwife or doctor should be able to anticipate any complications such as shoulder dystocia, and know how to safely deliver a baby without causing injury to it. If they breach this duty by putting pressure on the neck or shoulders excessively this could be construed as malpractice. Medical malpractice victims may be eligible for compensation for their child's ongoing care and medical bills.

Filing an action

A lawyer can help those children who suffer from erb's palsy due to medical negligence at birth, file a lawsuit. The lawyer will then sue the doctor or other medical professionals who caused the injury. Parents can seek financial compensation for medical expenses as well as therapy, assistive devices and lost wages through lawsuits. They can also assist families feel a sense of justice and closure.

The legal process for erb's palsy attorneys filing a lawsuit begins with a no-cost consultation with a seasoned lawyer. If the lawyer believes the case is meritorious, they will submit a demand to the defendants. The demand letter should contain the facts of the case as well an offer for compensation in the form of money.

In the discovery phase the legal team will gather evidence and interview witnesses to build a solid case. The team will then submit a court report. The defendants' legal team will review the case and respond with their own.

Ideally, parties will reach an agreement that pleases both parties. However there are cases that do not reach the point of settlement, and many will go to trial. During a trial, the jury and judge will listen to both sides' arguments to decide who is the winner. If the plaintiff wins the case they will receive an amount. If the plaintiff loses, he / won't receive any compensation whatsoever.