Erb's Palsy Legal

Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This type of personal injury claim may help parents pay for their child's care.

The birth of a child can result in abrasions or other damage to the nerves of the brachialplexus. Doctors often require force during delivery. However when they apply too much pressure or misjudge how much pressure is needed it could result in an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional breaching their standard of care during certain circumstances. This could include inadequate prenatal care, a failure to identify a pregnancy issue (such as fetal macrosomia) or failure to perform a C-section when needed.

Erb's palsy is a condition that affects the brachial nerve system that controls movement and sensation in the shoulder, arm, and hand. It is usually caused by a severe pull or stretch that tears or strains the nerves.

In many cases, injuries that cause erb's palsy lawsuit Palsy can be prevented. It is an extremely common birth injury that the majority of parents aren't aware of. During the birth process, a parent has many thoughts running through their mind and it's easy to overlook signs of a mistake that could result in a serious medical mistake.

A seasoned lawyer for erb's palsy can help parents determine whether their child's condition was caused by medical negligence. If so, a lawsuit may be filed to recover money that can be used towards medical treatments and assistive devices. While money won't completely erase the effects of a birth injury it can provide the financial help that a child requires to live a fulfilling life. Most erb's palsy lawsuits settle before going to trial, so it is important to act fast.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. An Erb's palsy settlement can assist families with therapy, treatment and assistive devices. The brachialplexus is the group of nerves that runs through the arm of your child. It gives sensation and coordinated movements to their arms and hands. The nerves' network can be damaged by pulling too hard during birth or using instruments. Medical malpractice can be considered if injuries to the brachialplexus are caused by the carelessness or negligence of a nurse, Erb's Palsy Lawsuits doctor, or hospital staff.

In the event of a successful claim parents can be awarded compensation that covers medical bills, physical and occupational therapy, and even surgery. To prove that a doctor was negligent the legal team has to demonstrate that they failed to provide the standard of medical care. They must also show that the failure was the main and primary cause of the birth injury.

In many cases doctors will pull on the baby's neck or shoulder in order to guide them into the birth canal. This could stretch the neck nerves of the baby and cause a stroke to one or both sides. In the event of a difficult birth it is common for the doctor to employ forceps or a vacuum extractor to push the child through the birth canal. This can cause nerve damage.

Statute of Limitations

Parents whose child has Erb's Palsy may be eligible for compensation. There is a time limit known as the statutes limitations, that limits how long a family can pursue legal action.

Generally speaking, the statute of limitations starts on the 18th birthday of an individual. If you suspect that medical malpractice or negligence caused your child's Erb's Palsy it is essential to consult with an Erb's & Palsy lawyer right away to determine whether you have the right to sue.

Erb's Palsy is a condition that is caused by damage to the nerve network in a baby's shoulder and neck, referred to as the brachial plexus. This type of injury usually occurs by the child's head getting stuck between the pelvic bones during labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to remove the baby who is stuck or a child, they could push too hard on their shoulders and neck and cause damage to the nerves of the arm.

A midwife or doctor must be able to recognize potential issues 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 hard on the neck or shoulders 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 an action

If a baby develops erb's syndrome due to negligent medical care during the delivery An attorney can help him or her file lawsuits against the doctor and other medical personnel responsible for his or her injury. Parents can receive financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also provide families with the feeling of justice and closure.

The legal process for a lawsuit begins with a free consultation with a knowledgeable lawyer. If the attorney feels that the case is legitimate the lawyer will issue a demand letter to the defendants. The demand letter will include the facts of the case along with an appeal for compensation.

In the discovery phase, the legal team will collect evidence and interview witnesses to establish a solid case. The team will also prepare an official court report. The legal team of the defendants will then review the claim and make a response of their own.

In a perfect world the parties would reach a settlement that was satisfactory to both sides. However, not all cases reach an agreement, and some will go to trial. In a court trial the jury and a judge will consider both sides' arguments in order to determine the winner. If the plaintiff wins, he will be paid a sum and the lawsuit will be concluded. If the plaintiff loses, he or won't receive any compensation at all.