Erb's Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to obtain compensation for medical bills as well as therapy costs. This type of personal injury claim may help parents pay for their child's care.

Inaccurate medical interventions during childbirth could cause abrasions, or other injuries to the nerves of the brachialplexus. Often doctors need to apply force during delivery but if they apply too much or misjudge the amount of pressure, it can cause an injury.

Medical Malpractice

A medical malpractice claim is caused by an healthcare professional's inability to meet their standard of care in a particular set of circumstances. This can include improper care during pregnancy, inability to identify any pregnancy-related issues (such as fetal macrosomia) or failure to perform C-sections when needed.

Erb's palsy is a disorder that affects the brachial plexus nerves that regulate movement and sensation in the arm, shoulder and hand. It often results from traumatizing pull or stretch which tears or strains the nerves.

In many cases, the injuries that cause Erb's Palsy can be avoided. However, this is a common type of birth injury that a lot of parents don't anticipate. In the process of birth the parent is juggling many thoughts running through their mind and it is very easy to overlook signs of an error that could result in a serious medical mistake.

An experienced erb's Palsy attorney can assist parents in determining whether the child's condition is due to medical negligence. If this is the situation, a suit can be filed for financial compensation to cover medical treatments and assistive equipment. Although money cannot erase the effects of birth injuries, it can provide the financial support the child needs to live a full life. The majority of erb's palsy lawsuits settle before trial, therefore it is crucial to act quickly.

Birth Injury

The financial and emotional strain of living with erb's syndrome is immense. A settlement for Erb's palsy can help families cover therapy, treatment and assistive devices. The brachial plexus is a group of nerves located in your child's arm which provide sensation and coordinated movement to the arms and hands. The nerves in this network can be damaged when you pull too hard during delivery or using instruments. Injuries to the brachial plexus are considered medical malpractice if they were caused through the negligence of a doctor or hospital staff.

In a successful claim parents can be awarded compensation that covers medical bills, physical and occupational therapy, and even surgery. In order to prove that a doctor was negligent, the legal team must prove that they did not meet the standard of care. They must also demonstrate that the negligence was the direct and proximate cause of the birth injury.

In a lot of 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 baby and cause strokes, which can affect the head on one or both sides of their head. It is also common for a physician to improperly use a vacuum extractor, or Erb's Palsy lawsuits forceps in the event of a difficult birth to force a baby through the birth canal, which could cause nerve damage.

Statute of Limitations

Parents with children who has erb's palsy lawyer parisis may be entitled to compensation. However there is a specific timeframe known as the statute of limitations that limit the time families have to take legal action.

Generally speaking, the statute of limitation begins when an individual turns 18. Parents who believe their child's erb's paralysis was caused by medical malpractice or negligence should consult an attorney for Erb's Palsy as soon as they can to determine if they have the right to bring a lawsuit.

Erb's palsy is a condition which is caused by damage to the nerves' network in a baby's shoulder or neck, known as the brachial plexus. Often, this injury occurs when the head of a child gets stuck under the pelvic bone during labor or delivery which is known as shoulder dystocia. When medical professionals attempt to free a baby stuck, they may push too hard on their shoulders and neck and end up damaging the nerves of the arm.

A doctor or midwife should be able to recognize potential issues like shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they fail to meet this requirement by pulling too heavily on the neck or Erb's Palsy Lawsuits the shoulders and neck, it could be deemed medical malpractice. Fortunately, those who suffer from medical malpractice can recover compensation to cover the medical bills of their child and ongoing treatment.

Filing an action

If a baby develops erb's syndrome due to medical negligence during delivery An attorney can assist the baby to file an action against the doctor and other medical personnel responsible for his or her injury. Parents can seek financial compensation for medical expenses therapy, assistive devices, and lost wages through lawsuits. They can also provide families with the satisfaction of having their issues resolved and a sense of closure.

The legal procedure for a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer feels the case is a valid one they will then send an order letter to the defendants. The demand letter will include the facts of the case along with an offer for compensation.

During the discovery process, the legal team will gather evidence and interview witnesses to build a solid case. They will also submit a report to the court. The legal team of the defendants will analyze and respond to the claim.

In the ideal scenario, parties will reach a settlement that satisfies both parties. However there are cases that do not reach the point of settlement, and many end up going to trial. In a court trial the jury and judge will listen to both sides' arguments to determine who wins. If the plaintiff wins the case and is awarded an amount. If the plaintiff loses, he / is not eligible for compensation at all.