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 kind of personal injury claim could aid parents in paying for the treatment of their child.

Inaccurate medical interventions during childbirth could cause abrasions, or other injuries to the brachialplexus's nerves. In many cases, doctors have to apply force during delivery but if they do it too much or underestimate the amount of pressure applied, it can cause an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional's breach of their standard of care under an aforementioned set of circumstances. This can include improper prenatal care, inability to detect a pregnancy problem (such as fetal macrosomia) or failing to perform a C section when required.

Erb's syndrome is a condition that affects the brachial plexus nerve system that controls movement and sensation in the arm, shoulder and hand. It often results from an injury or a pull that stretches or tears the nerves.

In most cases, the injuries that cause erb's palsy are preventable. This is an uncommon birth injury that the majority of parents aren't aware of. During the birthing process, parents can be distracted by a myriad of things and it's easy to overlook indications that could lead to serious medical errors.

An experienced attorney for erb's palsy can assist parents in determining whether their child's condition is due to medical malpractice. If so, a lawsuit may be filed to obtain the financial compensation needed to go toward medical treatments and assistive devices. Money can't undo the harms of birth injuries however, it can give a child the financial aid they need to live a fulfilled life. Most erb’s palsy cases settle before trial, so you must act quickly.

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 comprises a network of nerves located in your child's arm that provide sensation and coordinated movement to the hands and arms. The nerves in this network can be damaged by pulling too hard during birth or using instruments. Injuries to the brachial plexus are considered medical malpractice if they are caused due to the negligence of a doctor or hospital staff.

In a successful claim parents could receive the amount they owe for medical bills as well as occupational and physical therapy, as well as surgery. To demonstrate that a physician is negligent, the legal team has to demonstrate that they failed to provide the standard of medical care. They must also demonstrate that the error was the primary and most direct reason for the birth injury.

In a lot of cases doctors will pull on the baby's neck or shoulder in an attempt to bring them into the birth canal. This could stretch the nerves of the neck of the baby, causing strokes that affect either or both sides their head. It is also common for a doctor not to properly use a vacuum extractor forceps during labor to force a baby into the birth canal, which could cause nerve damage.

Statute of Limitations

Parents whose child suffers from erb's palsy attorneys palsy may be eligible for compensation. However, there is a strict deadline called the statute of limitations that restricts the time families are required to take legal action.

The statute of limitations usually commences at the age of 18 of an individual. If you believe that negligence or medical malpractice caused your child's erb's palsy it is imperative to consult an Erb's-Palsy lawyer immediately to determine whether you have the right to pursue a lawsuit.

Erb's palsy is a complication that results from damage to the nerves' network in a baby's shoulder or neck, referred to as the brachial plexus. The injury is usually caused when a child's head becomes stuck beneath the pelvic bones during labor or the delivery. This condition is called shoulder dystocia. When medical professionals try to extract a stuck infant, they can pull too hard on the shoulders and neck, which causes damage to the nerves that run through the arm.

A doctor or midwife should be able of recognizing potential problems such as shoulder dystocia and be able to safely deliver the baby without causing injury. If they breach this duty by pulling too hard on the neck or shoulders, it could be considered medical malpractice. Fortunately, the victims of medical malpractice can seek compensation to pay for their child's medical bills and ongoing care.

Filing an action

A lawyer can help those who have children with erb's palsy law firm palsy due to medical negligence in the birth process file a lawsuit. The lawyer will bring a lawsuit against the doctor or other medical caregivers that caused the injury. Legal action can help parents receive financial compensation that covers the cost of therapy, medical bills as well as assistive devices and lost wages. They also provide families with a sense justice and Erb's Palsy Attorneys closure.

A free consultation with a lawyer with experience is the first step in the legal process. If the lawyer feels the case is legal they will then send a demand letter to the defendants. The demand letter will include the facts of the case as well an offer for compensation in the form of money.

During the discovery stage the legal team will collect evidence and interview witnesses to build a solid case. They will also present an account to the court. The legal team of the defendants will then examine the claim and make a response of their own.

In a perfect scenario, the parties would agree to a settlement which satisfied both sides. However many cases do not come to an agreement and a lot of cases will go to trial. In a trial the jury and judge will listen to the arguments of both sides to decide on a winner. If the plaintiff wins the case they will receive an amount. If the plaintiff loses then the plaintiff won't be able to receive any compensation.