columbia heights erb's palsy attorney Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy costs. This kind of personal injury claim may aid parents in paying for the care of their child.

Medical errors during childbirth can result in abrasions or other damage to the brachialplexus's nerves. Most doctors will need to apply pressure during the delivery but if they apply too much or underestimate the amount of pressure they apply, it could cause injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional breaching their standard of care during certain circumstances. This may include care that was not provided during pregnancy, inability to identify the presence of a pregnancy-related issue (such as fetal macrosomia) or failure to perform C-sections if needed.

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

In many cases, the injuries that cause erb's palsy are preventable. It is an uncommon birth injury that the majority of parents aren't aware of. During the delivery process parents have several things going through their head and it is very easy to miss signs of a mistake which could result in a serious medical mistake.

An experienced erb’s palsy attorney can help parents determine whether the child's condition is caused by medical malpractice. If this is the case, a lawsuit may be filed for an amount of money to cover medical treatment and assistive equipment. Money cannot undo the effects of birth injuries however, it can provide a child with the financial aid they need to live a fulfilling life. Most leitchfield erb's palsy attorney palsy lawsuits settle before going to trial, which is why it is crucial to act quickly.

Birth Injury

The emotional and financial burden of living with erb's paralysis is immense. Settlements for Erb's Palsy can help families cover therapies, treatments and assistive devices. The brachialplexus refers to the group of nerves that runs through your child's arm. It provides sensation and coordinated movements to their arms and hands. The nerves' network can be damaged when you pull too hard during delivery or Vimeo.com by using instruments. Medical malpractice can be considered if injuries to the brachialplexus are caused by the carelessness or negligence of a doctor, nurse or hospital staff.

If a claim is successful parents may be awarded compensation for medical expenses as well as occupational and physical therapy, and even surgery. To prove that a doctor was negligent, the legal team needs to demonstrate that they failed to meet the standard of medical care. They must also prove that this failure was a direct and immediate cause of the infant's birth injury.

In many instances doctors will pull on the infant's neck or shoulder in an attempt to bring them into the birth canal. This could cause stretching of the neck nerves of the baby and result in a stroke on one or both sides. It is also common for a physician to improperly use a vacuum extractor forceps during a difficult birth to push a baby through the birth canal, which can cause nerve damage.

Statute of limitations

Parents of children with Erb's palsy could be eligible for compensation. There is a time limit, called the statutes of limitations, that restricts the time a family can take legal action.

Generally speaking, the statute of limitations begins at the age of 18. Parents who believe their child's erb's syndrome was caused by medical malpractice or negligence ought to consult an attorney who specializes in Erb's palsy as soon as they can to determine if they are entitled to bring a lawsuit.

Erb's Palsy is caused by damage to the brachial-plexus nervous system in the neck of the baby and shoulder. Typically, this type of injury occurs when a child's head gets stuck underneath the mother's pelvic bone during labor or delivery or delivery, a condition known as shoulder dystocia. When medical professionals try to free a child stuck or a child, they may force too much pressure on the shoulders and the neck, which may damage the nerves that run through the arm.

A midwife or doctor should be able to recognize potential problems such as shoulder dystocia and know how they can safely deliver the baby without causing injury. If they violate this duty by pulling on the shoulders or neck too much or bending the neck too much, it could be considered negligent. Fortunately, those who suffer from medical malpractice can seek compensation to cover the medical bills of their child as well as ongoing medical care.

Filing a Lawsuit

An attorney can aid a child who develops erb’s palsy as a result medical negligence during birth file a lawsuit. The lawyer will sue the doctor or other medical personnel who caused the injury. Parents may be able to receive financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also provide families with a sense justice and closure.

The legal procedure for a lawsuit begins with a free consultation with an experienced lawyer. If the lawyer believes the case is legitimate and enforceable, they will send a demand letter to the defendants. The demand letter will contain the facts of the situation and a request for monetary compensation.

During the discovery phase, the legal team will gather evidence and speak with witnesses to create a strong case. The team will then submit the court report. The legal team of the defendants will then review the claim and make a response of their own.

Ideally, parties will reach an agreement that is acceptable to both sides. Some cases are not settled and many go to trial. In a court trial jurors and judges listen to both sides' arguments in order to determine the winner. If the plaintiff wins the case, they will receive an amount. If the plaintiff loses then he or she won't receive any compensation.