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 type of personal injuries claim can help parents pay their child's medical bills.

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

Medical Malpractice

Medical malpractice claims focus on a healthcare professional breaching their standard of care under the context of a particular set of circumstances. This can include improper prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or failure to perform a C-section if needed.

Erb's Palsy is caused due to a condition that affects the brachial nerve that regulates the movement and sensations of the shoulder, arm, and hand. It usually occurs as a result of a traumatic pull or stretch that tears or stretches the nerves.

In many cases, injuries that cause erb's palsy law firms Palsy are avoidable. But, it's a common type of birth injury that many parents don't expect. During the birthing process, parents are distracted by a multitude of things and it's very easy to ignore warning signs that could lead to serious medical mistakes.

An experienced erb's Palsy attorney can help parents determine whether their child's condition is caused by medical malpractice. If so the lawsuit could be filed to seek an amount of money to be used towards medical treatment 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 full and healthy life. The majority of cases involving erb's syndrome settle before trial, so it's essential to act fast.

Birth Injury

Living with erb's syndrome can be financially and emotionally draining. A settlement for Erb's palsy will help families cover therapies, treatments and assistive devices. The brachialplexus is a collection of nerves located in your child's arm that provide sensation and coordinated movement to the arms and hands. A forceful pull during labor and birth or the use of instruments could damage this network of nerves and cause Erb's paralysis. Injuries to the brachial plexus are considered medical malpractice if they were caused by the negligence of a medical professional or hospital staff.

Parents who win their case could receive compensation for medical bills, physical therapy, occupational therapy as well as surgery. To prove that a doctor is negligent the legal team must to prove that they did not meet the standard of medical care. They must also demonstrate that the failure was the main and primary cause of the birth injury.

In a majority of cases doctors make the mistake of over-stretch the shoulder or neck of an infant when trying to guide them through the birth canal. This action can stretch the nerves of the baby's neck and cause strokes, which can affect either or both sides their head. It is also common for a doctor to inadvertently use a vacuum extractor or forceps during a difficult birth to force a baby through the birth canal, which can cause nerve damage.

Statute of Limitations

Parents with children who has erb's parisis may be entitled to compensation. There is a time limit known as the statutes of limitations, that limits how long a family may take legal action.

The statute of limitation generally commences at the age of 18 of an individual. Parents who believe that their child's erb's syndrome was the result of medical malpractice or negligence should speak with an Erb's palsy lawyer promptly to determine whether they have the right to file 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. Typically, this type of injury occurs when the head of a child gets stuck underneath the mother's pelvic bone during the birth or labor, a condition known as shoulder dystocia. When medical professionals try to free a stuck infant or a child, they may push too hard on the shoulders and the neck, which damages the nerves in the arm.

A doctor or midwife should be able anticipate complications like shoulder dystocia and know how to safely give birth without injury to it. If they violate this requirement by pulling on the neck or shoulders excessively this could be construed as malpractice. Fortunately, the victims of medical malpractice can recover compensation to cover their child's medical expenses and ongoing treatment.

Filing a Lawsuit

A lawyer can help the child who is diagnosed with erb's palsy lawsuit palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will take action against the doctor or any other medical professionals who caused the injury. Parents can seek financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They also provide families with an understanding of justice and closure.

A free consultation with a lawyer who has experience is the first step in the legal process. If the lawyer is convinced that an argument is valid then they will issue a demand note to the defendants. The demand letter will contain the facts of the case along with an offer for compensation.

During the discovery stage the legal team will gather evidence and talk to witnesses to establish a solid case. The team will also file a court document. The legal team of the defendants will then analyze and respond to the claim.

Ideally, parties can reach a settlement that satisfies both parties. However, not all cases are settled, and some go to trial. In a court trial a judge and jury will hear both sides' arguments in order to decide who will win. If the plaintiff wins, Erb's Palsy attorney he will be awarded a prize and the lawsuit will come to a close. If the plaintiff loses, he or is not eligible for compensation whatsoever.