Erb's Palsy Legal

Legal action for Erb's palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This type of personal injuries claim will help parents pay for the medical bills for their child.

Inaccurate medical interventions during childbirth could result in abrasions or Erb's palsy attorney other damage to the brachialplexus's nerves. In many cases, doctors have to apply pressure during birth, but if they use too much pressure or do not accurately gauge the amount of pressure applied, it could result in injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional who violated their standard of care during an aforementioned set of circumstances. This may include care that was not provided during pregnancy, inability to detect an issue with pregnancy (such as fetal macrosomia) or failure to perform C-sections if needed.

Erb's spalsy is caused by an issue with the brachial nerve, which regulates movement and the sensations in the shoulder, arm and hand. It is usually caused by a severe pull or stretch which tears or stretch the nerves.

In many cases, the injuries that cause erb's paralysis are preventable. However, this is a very common birth injury that parents do not anticipate. During the delivery process the parent is juggling several things going through their mind and it is very easy to miss signs of an error which could result in a serious medical error.

An experienced lawyer who specializes in erb's paralysis can assist parents in determining whether their child's condition is due to medical negligence. If so there is a possibility of a lawsuit being brought to recover an amount of money to be used toward medical treatments and assistive devices. While money can't erase the effects of a birth injury, it can provide the financial assistance a child needs to live a full life. Most erb's palsy lawsuits are settled before trial, which is why it is important to act fast.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. An Erb's Palsy settlement may aid families in paying for therapy, treatment and assistive devices. The brachial plexus is a set of nerves in your child's arm that provide sensation and coordinated movement to the arms and hands. The forceful pulling that occurs during labor or delivery or the use or manipulation of instruments can damage this network of nerves and cause Erb's Palsy. Medical malpractice is the term used when injuries to the brachialplexus are caused by the carelessness or negligence of a nurse, doctor, or hospital staff.

In the event of a successful case parents can be awarded reimbursement for medical bills as well as occupational and physical therapy, and even 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 demonstrate that the failure was a direct and immediate reason for the infant's birth injury.

In a lot of cases doctors will pull on the baby's neck or shoulder in order to guide them into the birth canal. This could cause stretching of the neck nerves of the baby and cause a stroke on either or both sides. During a difficult delivery it is common for a doctor to employ forceps or Erb's Palsy attorney a vacuum extractor to push the child through the birth canal. This can result in nerve damage.

Statute of Limitations

Parents of children with erb's syndrome may be entitled to compensation. However there is a strict timeframe known as the statute of limitations, which limits the time families have to file legal actions.

Generally, the statute of limitations begins at the age of 18. Parents who believe their child's Erb's Palsy attorney (vimeo.com) syndrome was caused by medical malpractice or negligence must consult an attorney for the Erb's syndrome as soon as possible to determine whether they have the right to bring a lawsuit.

Erb's palsy is caused by damage to the brachial-plexus nerve network in the baby's neck and shoulder. Most often, this injury occurs when the head of a child gets stuck underneath the mother's pelvic bone during the birth or labor and is referred to as shoulder dystocia. When medical professionals attempt to remove a stuck baby and head, they can forcefully pull on their necks and shoulders, causing damage to nerves in the arm.

A midwife or doctor should be able anticipate complications like shoulder dystocia and know how to safely deliver a baby without harming it. If they breach this duty by pulling too heavily on the neck or shoulders this could be construed as medical malpractice. Medical malpractice victims can receive compensation for the ongoing care of their child and medical bills.

Filing a Lawsuit

If a baby is diagnosed with erb's paralysis due to medical negligence during the birth an attorney could assist the baby to file lawsuits against the doctor and other medical caregivers accountable for the injury. Parents may be able to receive financial compensation for medical bills and therapy, as well as assistive devices and lost wages through lawsuits. They can also give families the feeling of justice and closure.

A free consultation with a lawyer with experience is the first step in the legal process. If the lawyer believes that an argument is valid the lawyer will file a demand letter with the defendants. The demand letter will contain the facts of the case as well a request for monetary compensation.

During the discovery stage, the legal team will collect evidence and speak to witnesses in order to build a convincing case. The team will then submit a court document. The legal team of the defendants will review the case and make a response of their own.

Ideally, parties can reach an agreement that is acceptable to both parties. However, not all cases reach the point of settlement, and many will go to trial. During a trial, the judge and jury will hear the arguments of both sides to decide who is the winner. If the plaintiff wins, he or she will receive a payment and the case will come to a close. If the plaintiff loses, the plaintiff will not receive any compensation.