Erb's Palsy Legal

Legal action for Erb's palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This type of personal injury claim could aid parents in paying for their child's care.

The birth of a child can cause abrasions or other injuries to the nerves of the brachialplexus. In many cases, doctors have to apply pressure during the delivery, but if they use excessive force or fail to gauge the pressure needed, it could cause injury.

Medical Malpractice

A medical malpractice claim is caused by a healthcare professional's failure to provide the required treatment in a specific set of circumstances. This could include inadequate prenatal care, the inability to recognize a pregnancy issue (such as fetal macrosomia) or failing to perform a C-section when it is required.

Erb's Palsy is a condition that affects the brachial plexus nerves that control movement and sensation in the shoulder, arm, and hand. It often results from a traumatic pull or stretch that stretches or tears the nerves.

In many instances, injuries that cause Erb's palsy can be avoided. It is an extremely common birth injury that parents aren't aware of. During the birthing process, parents can be distracted by many things, and it's easy to overlook indicators that could lead serious medical mistakes.

An experienced erb's Palsy attorney can assist parents in determining if the child's condition is due to medical negligence. If this is the case, a lawsuit may be filed to seek financial compensation to pay for medical treatments and assistive devices. While money can't erase the effects of a birth injury it can provide the financial assistance that a child requires to live a fulfilling life. Most erb's palsy lawsuits settle before trial, so it's crucial to act quickly.

Birth Injury

Living with erb's palsy can be emotionally and financially draining. A settlement for Erb's palsy can assist families with treatment, therapy and assistive devices. The brachialplexus comprises a network of nerves that are located in the arm of your child that provide sensory and coordinated movement to hands and arms. This network of nerves can be damaged if you pull too hard during birth or using instruments. Medical malpractice can be considered if injuries to the brachialplexus are caused due to the negligence or carelessness of a physician, nurse or hospital staff.

If a claim is successful parents may be awarded the amount they owe for medical bills, physical and occupational therapy, and even surgery. To show that a doctor is negligent the legal team needs to demonstrate that they did not meet the standards of medical care. They must also show that the failure was a direct and significant cause of the infant's birth injury.

In many instances doctors mistakenly pull too hard on the shoulder or neck of an infant when trying to pull them through the birth canal. This could cause stretching of the neck nerves of the baby and cause a stroke on one or both sides. If the birth experience is difficult it is normal for a doctor to make use of forceps or a vacuum extractor to force the baby through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents who have a child with erb's paralysis may be entitled to compensation. However there is a strict deadline called the statute of limitations that restricts the time families have to 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-related palsy was caused by medical malpractice or negligence should speak with an attorney who specializes in Erb's palsy promptly to determine if they have the right to file an action.

Erb's syndrome is a condition that is caused by damage to the nerve system in a baby's shoulder or neck, also known as the brachial plexus. Most often, this injury occurs when the head of a child gets stuck beneath the pelvic bone during labor or birth which is known as shoulder dystocia. When medical professionals attempt to remove a baby stuck and head, they can pull too hard on their shoulders and neck and end up damaging the nerves of the arm.

A midwife or doctor should be able to anticipate complications such as shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they violate this obligation by pulling too hard on the neck or the shoulders or the shoulders, it could be considered medical malpractice. Fortunately, victims of medical malpractice are able to seek compensation to cover their child's medical bills and ongoing care.

Filing a Lawsuit

An attorney can assist those children who suffer from erb's palsy as a result of 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 to cover expenses for therapy, medical bills as well as assistive devices and lost wages. They also provide families with the satisfaction of having their issues resolved and a sense of closure.

A no-cost consultation with a lawyer experienced is the first step in the legal process. If the lawyer is convinced that the case has merit the lawyer will send a demand letter to the defendants. The demand letter will contain the facts of the case as well as an offer for compensation.

During the discovery phase, the legal team will gather evidence and speak with witnesses to create an evidence-based case. The team will also submit an official court report. The legal team of the defendants will review and respond to the claim.

In an ideal world, the parties could reach an agreement that satisfied both parties. However many cases do not come to the point of settlement, and many will go to trial. In a court trial the jury and a judge will examine both sides' arguments to determine the winner. If the plaintiff wins, he or she will receive a payout and the lawsuit will come to a close. If the plaintiff loses, he or will not receive any compensation whatsoever.