Erb's Palsy Legal

Legal action for Erb's palsy involves filing an insurance claim or a lawsuit to recover medical costs and erb's Palsy attorney therapy costs. This type of personal injury claim could aid parents in paying for the care of their child.

Birth-related medical errors can cause abrasions, or other injuries to the brachialplexus's nerves. Most doctors will need to apply force during delivery but if they do it too much or underestimate the amount of pressure they apply, it can cause an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional breaching their standards of care in an aforementioned set of circumstances. This can include improper prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or failing to perform a C-section if necessary.

Erb's palsy is a condition that affects the brachial nerves that control movement and sensation in the arm, shoulder and hand. It often results from an injury or erb's palsy attorney a pull that tears or stretches the nerves.

In many cases, injuries that cause Erb's 'Palsy' can be avoided. This is a common birth defect that parents aren't aware of. During the birthing process, parents can be distracted by a multitude of things and it's easy to overlook indications that could lead to serious medical errors.

An experienced erb’s palsy attorney can assist parents in determining whether their child's condition is caused by medical negligence. If so the lawsuit could be brought to recover the financial compensation needed to go toward medical treatments and assistive devices. The money won't reverse the effects of birth injuries but it could give a child the financial resources they require to lead a happy and fulfilling life. Most erb's palsy lawsuits end up being settled before trial, so it's essential to act fast.

Birth Injury

The emotional and financial burden of living with erb's paralysis is immense. An Erb's palsy settlement can assist families with treatment, therapy and other devices. The brachial plexus is a group of nerves located in your child's arm that provide a sense of touch and coordinated movement to hands and arms. A forceful pull during labor and delivery or the use of instruments can cause damage to this nerve network and cause Erb's palsy. Injuries to the brachial nerve are considered medical malpractice if they were caused by the negligence of a hospital or doctor.

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

In many instances doctors will push too hard on the shoulder or neck of an infant when attempting to get them through the birth canal. This can stretch the neck nerves of the baby and cause a stroke on one or both sides. It is also common for a doctor to inadvertently use a vacuum extractor forceps during a difficult birth. This can force a baby into the birth canal, which could cause nerve damage.

Statute of limitations

Parents of children suffering from Erb's palsy could be qualified for compensation. There is a deadline known as the statutes limitations, that limits how long a family can legally pursue legal action.

Generally speaking, the statute of limitations begins on the 18th birthday of an individual. If you believe that negligence or medical malpractice caused your child's Erb's Palsy, it is important to consult with an erb's palsy attorney (published on www.encoskr.com) & Palsy lawyer immediately to determine whether you are entitled to pursue a lawsuit.

Erb's palsy is caused by damage to the brachial-plexus nerve system located in the neck and shoulder. This type of injury usually occurs when the child's head gets stuck between the pelvic bones during labor or birth. This condition is referred to as shoulder dystocia. When medical professionals try to free a child stuck, they can force too much pressure on the shoulders and the neck, which causes damage to the nerves that run through the arm.

A midwife or doctor should be able to anticipate problems such as shoulder dystocia, as well as know how to safely deliver a baby without injuring it. If they violate this duty by pulling on the shoulders or neck too hard and causing pain, it could be regarded as negligence. Fortunately, the victims of medical malpractice can claim compensation to pay for their child's medical bills and ongoing care.

Filing an action

If a baby is diagnosed with erb's palsy due to negligent medical care during the delivery, an attorney could help him or her file lawsuits against the doctor and other medical personnel responsible for his or her injury. The law suits can help parents obtain financial compensation for medical bills, therapy costs as well as assistive devices and lost wages. They can also help families feel a sense of justice and closure.

The legal process for a lawsuit begins with a complimentary consultation with an experienced lawyer. If the lawyer feels the case is legitimate the lawyer will issue a demand letter to the defendants. The demand letter will include the facts of the case, as well as an appeal for compensation.

During the discovery stage the legal team will gather evidence and speak with witnesses to create an argument that is strong. They will also submit a report to the court. The legal team of the defendants will review the case and respond with their own.

In a perfect world, the parties could reach a settlement that was satisfactory to both parties. However, not all cases reach a settlement and many end up going to trial. In a trial, a judge and jury will hear the arguments of both sides to determine who wins. If the plaintiff is successful, he or she will receive a payout and the lawsuit will come to a close. If the plaintiff loses, he / she will not receive any payment at all.