new philadelphia erb's palsy lawsuit Palsy Legal

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

The complication of a medical error during childbirth can lead to abrasions and other injuries to the brachial plexus nerves. Sometimes, doctors must 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 centers on a healthcare professional who violated their standards of care in a specific set of circumstances. This could be due to improper care during pregnancy, inability to identify any pregnancy-related issues (such as fetal macrosomia), or failures to perform C-sections as required.

Erb's palsy is caused by a condition affecting the brachial nerve network that controls the sensations and movement of the shoulder, arm, and hand. It is often caused by a traumatizing stretch or pull that tears or strains the nerves.

In many cases, the injuries that cause erb's Palsy are avoidable. But, it's a common type of birth injury that many parents aren't prepared for. During the birthing process, parents are distracted by a multitude of things and it's easy to overlook indicators that could lead serious medical errors.

An experienced lawyer who specializes in erb's paralysis can assist parents in determining whether their child's condition was due to medical negligence. If it is there is a possibility of a lawsuit being filed to recover the financial compensation needed to go towards medical treatments and assistive devices. While money won't completely erase the effects of birth injuries, it can provide the financial support that a child requires to live a full and healthy life. Most erb’s palsy cases end up being settled before trial, which is why you must act fast.

Birth Injury

The experience of living with erb's palsy could be financially and emotionally draining. An Erb's Palsy settlement may aid families in paying for therapy, treatment, and assistive devices. The brachialplexus refers to the nerve system that runs through your child's arm. It gives sensation and coordinated movements to their arms and hands. A forceful pull during labor or delivery or the use of instruments could cause damage to this nerve network and Vimeo cause Erb's paralysis. Medical malpractice can be considered if injuries to the brachialplexus are caused due to the negligence or carelessness of a doctor, nurse or hospital personnel.

If a claim is successful parents may be awarded the amount they owe for medical bills, physical and occupational therapy as well as surgery. In order to prove that a doctor was negligent, the legal team must demonstrate that they did not meet the standard of care. They must also show that the error was the primary and most direct reason for the birth injury.

In a lot of cases doctors pull on the infant's shoulder or neck in an attempt to bring them into the birth canal. This can stretch the neck nerves of the infant and cause a stroke to one or both sides. It is also common for a doctor to inadvertently use a vacuum extractor, or forceps during labor to force a child through the birth canal, which could cause nerve damage.

Statute of limitations

Parents of children with erb's palsy may be entitled to compensation. There is a deadline, called the statutes of limitations, that restricts how long a family can engage in legal action.

Generally, the statute of limitations starts when an individual turns 18. If you suspect that medical malpractice or negligence caused your child's Erb's palsy, it is important to consult an Erb's-Palsy lawyer immediately to determine whether you have the right to pursue a lawsuit.

Erb's palsy is a condition which is caused by damage to the network of nerves in a baby's shoulder or neck, referred to as the brachial plexus. Typically, this type of injury occurs when the head of a child gets stuck beneath the pelvic bone during labor or delivery and is referred to as shoulder dystocia. When medical professionals attempt to remove a stuck infant in the womb, they may force too much pressure on the shoulders and the neck, which can damage the nerves in the arm.

A midwife or doctor must be able of recognizing potential complications such as shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they fail to fulfill this obligation by pulling on the shoulders or neck excessively or bending the neck too much, it could be considered negligence. Medical malpractice victims can receive compensation for the ongoing care of their child and medical bills.

Filing a Lawsuit

An attorney can aid those who have children with erb's palsy due to medical negligence in the birth process file a lawsuit. The lawyer will pursue the doctor or other medical providers who caused the injury. The law suits can help parents obtain financial compensation to cover costs for therapy, medical bills as well as assistive devices and Vimeo lost wages. They can also assist families achieve a sense of justice and closure.

A no-cost consultation with a lawyer experienced is the first step in the legal process. If the lawyer believes that a case has merit the lawyer will issue a demand note to the defendants. The demand letter will include the details of the case as well as an appeal for compensation.

During the discovery stage the legal team will gather evidence and talk to witnesses to create a convincing case. The team will also file an official court report. The legal team of the defendants will review and respond to the claim.

In a perfect scenario, the parties could reach an agreement that is satisfactory for both parties. Some cases are not settled and many go to trial. In a trial, a jury and judge will listen to both sides' arguments to determine a winner. If the plaintiff wins, he will be awarded a prize and the case will end. If the plaintiff loses, he / will not receive any payment at all.