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 kind of personal injury claim can help parents pay the medical bills of their child.

Birth defects that are not properly addressed during the childbirth process can lead to abrasions and other injuries to the brachial plexus nerves. In many cases, doctors have to apply pressure during birth however if they apply too much or underestimate the amount of pressure they apply, it could cause injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional's breaching their standard of care during an aforementioned set of circumstances. This could be due to improper care during pregnancy, inability to detect an issue with pregnancy (such as fetal macrosomia) or inability to perform C-sections when needed.

Erb's Palsy is a condition that affects the brachial network of nerves that control movement and sensation in the arm, shoulder, and hand. It usually occurs as a result of a traumatic pull or stretch that stretches or tears the nerves.

In many cases, injuries that cause Erb's palsy can be prevented. It is a common birth injury which parents aren't aware of. During the birthing process, parents are distracted by many things and can easily ignore warning indicators that could lead serious medical errors.

An experienced erb's Palsy attorney can help parents determine whether their child's condition is caused by medical negligence. If this is the situation, a lawsuit could be filed for the financial compensation needed to pay for medical treatments and assistive devices. The money won't reverse the effects of birth injuries but it can provide a child with the financial support they need to live a fulfilled life. The majority of erb's palsy lawsuits end up being settled before trial, therefore it is important to act fast.

Birth Injury

The financial and emotional strain of living with erb’s palsy is immense. An Erb's palsy settlement can help families cover therapies, treatments and assistive devices. The brachialplexus comprises a network of nerves located in your child's arm which provide sensation and coordinated movement to the arms and hands. Instability during labor and delivery or the use of instruments may cause damage to this nerve network and cause Erb's Palsy. Brachial plexus injuries are considered medical malpractice if they are caused through the negligence of a hospital or doctor.

In a successful claim, parents can receive the amount they owe for medical bills, physical and occupational therapy, as well as surgery. To show that a doctor is negligent the legal team has to show that they didn't meet the standard of medical care. They must also demonstrate that the failure was a direct and significant reason for the infant's birth injury.

In a majority of cases doctors will pull on the infant's neck or shoulder when they are trying to get them into the birth canal. This action can stretch the nerves of the baby's neck and cause a stroke, affecting the head on one or Erb's palsy both sides of their head. It is also typical for a doctor to incorrectly use a vacuum extractor forceps during a difficult birth. This can push a baby through the birth canal, which could cause nerve damage.

Statute of Limitations

Parents of children with Erb's palsy could be eligible for compensation. However, there is a strict timeframe known as the statute of limitations, which limits the time families are required to file legal actions.

Generally, the statute of limitations starts at the age of 18. If you suspect that medical malpractice or negligence caused your child's Erb's Palsy it is essential to speak with an Erb's Palsy lawyer right away to determine if you have the right to pursue a lawsuit.

Erb's Palsy is caused due to damage to the brachial-plexus nerve system located in the neck and shoulder. This condition is typically caused when the baby's head is stuck between the pelvic bones during the labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to remove a child who is stuck, they may over-reach their shoulders and neck, causing damage to nerves in the arm.

A doctor or midwife must be able to anticipate problems such as shoulder dystocia, as well as know how to safely deliver a baby without injuring it. If they breach this duty by putting pressure on the neck or shoulders too hard this could be construed as negligent. Medical malpractice victims may be eligible for compensation for their child's ongoing care and medical expenses.

Filing a Lawsuit

If a baby develops erb's palsy as a result of medical negligence during the birth an attorney could help the baby file lawsuits against the medical doctor and other medical care providers accountable for his or her injury. Parents can seek financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also help families find a sense justice and closure.

A free consultation with a lawyer experienced is the first step in the legal process. If the attorney believes a case has merit and merits a lawsuit, they will issue a demand Erb's Palsy note to the defendants. The demand letter will outline the facts of the situation and the request for monetary compensation.

In the discovery phase, the legal team will collect evidence and speak with witnesses to construct a strong case. They will also present an account to the court. The legal team of the defendants will examine and respond to the claim.

In a perfect world the parties would reach a settlement which satisfied both parties. However many cases do not come to an agreement and a lot of cases will go to trial. In a trial the jury and judge will listen to both sides' arguments to decide who is the winner. If the plaintiff is successful, he or she will be awarded a prize and the case will come to a close. If the plaintiff loses, they won't get any compensation.