erb's palsy law firm Palsy Legal

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

Birth defects that are not properly addressed during the childbirth process could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors are often required to apply force during birth. However should they apply too much pressure or do not know the amount of pressure required it could cause an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional's breach of their standard of care under a specific set of circumstances. This could include inadequate care during pregnancy, inability to identify an issue with pregnancy (such as fetal macrosomia) or failing to perform C-sections when needed.

erb's Palsy Law Firms Palsy is caused due to a condition affecting the brachial nerve network that controls the sensations and movement of the arm, shoulder, and hand. It is often caused by a traumatizing stretch or pull that tears or stretches the nerves.

In a majority of cases, the injuries that cause erb's palsy are preventable. This is an extremely common birth injury that most parents are not aware of. During the birthing process, parents are distracted by a myriad of things, and it's easy to miss indicators that could lead serious medical errors.

An experienced lawyer who specializes in erb's paralysis can help parents determine whether their child's condition was caused by medical negligence. If so there is a possibility of a lawsuit being filed to obtain financial compensation that can go towards medical treatments or assistive devices. The money won't reverse the effects of birth injuries but it can give a child the financial resources they require to live a full and happy life. The majority of cases involving erb's syndrome are settled before trial, so you should act quickly.

Birth Injury

Living with erb's syndrome can be financially and emotionally draining. An Erb's Palsy settlement may aid families in paying for therapy, treatment and assistive devices. The brachialplexus comprises a network of nerves that are located in the arm of your child that provide sensation and coordinated movement to hands and arms. The forceful pulling that occurs during labor and delivery or the use of instruments can harm this nerve system and cause Erb's palsy. Medical malpractice is considered when injuries to the brachialplexus are triggered due to the negligence or carelessness of a physician, nurse, or hospital staff.

Parents who win their case may be awarded compensation for medical expenses such as physical therapy, occupational therapy, and surgery. In order to prove that a doctor was negligent the legal team must show that they failed to meet the standards of care. They must also prove that the failure was a direct and proximate reason for the infant's birth injury.

In many instances doctors pull on the infant's shoulder or neck in order to guide 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. During a difficult delivery it is common for a doctor to make use of forceps or a vacuum extractor to force the infant through the birth canal. This can cause nerve damage.

Statute of limitations

Parents of children who has erb's parisis may be entitled to compensation. There is a deadline known as the statutes of limitations, which limits how long a family can pursue legal action.

Generally, the statute of limitation begins at the age of 18. If you believe that negligence or medical malpractice caused your child's Erb's-Pallsy, it is important to consult an Erb's-Palsy lawyer immediately to determine whether you have the legal right to pursue a lawsuit.

erb's palsy law firms Palsy is a condition that is caused by damage to the nerve system in a baby's shoulder or neck, which is known as the brachial plexus. The most common cause of this injury is when a child's head becomes stuck underneath the mother's pelvic bone during the birth or labor or delivery, a condition known as shoulder dystocia. When medical professionals try to free a child stuck, they can push too hard on the shoulders and the neck, which can damage the nerves that run through the arm.

A midwife or doctor should be able anticipate complications, such as shoulder dystocia, and understand how to safely deliver a baby without causing injury to it. If they breach this duty by pulling on the shoulders or neck too hard this could be construed as malpractice. Medical malpractice victims may be eligible for compensation for their child's ongoing treatment and medical bills.

Filing an action

A lawyer can help the child who is diagnosed with erb's 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 personnel who caused the injury. Parents can get financial compensation for medical expenses as well as therapy, assistive devices and lost wages through lawsuits. They can also give families the satisfaction of having their issues resolved and a sense of closure.

The legal process for filing a lawsuit begins with a complimentary consultation with an experienced lawyer. If the lawyer believes that an argument is valid, they will send a demand letter to the defendants. The demand letter will include the facts of the case and an appeal for compensation.

During the discovery phase the legal team will gather evidence and talk to witnesses to establish a solid case. They will also submit an account to the court. The legal team of the defendants will then examine and respond to the claim.

Ideally, parties can reach an agreement that is satisfactory for both sides. However, not all cases reach an agreement, and some will go to trial. In a trial, a jury and judge will hear both sides' arguments to determine who wins. If the plaintiff wins the case they will be awarded a payment. If the plaintiff loses then they won't get any money.