Erb's Palsy Legal

Erb's legal issue involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy expenses. This type of personal injuries claim will help parents pay for their child's medical expenses.

Birth-related medical errors can cause abrasions and other injuries to the nerves of the brachialplexus. Often doctors need to apply pressure during the delivery, but if they use too much or underestimate the pressure needed, it could cause injury.

Medical Malpractice

A medical malpractice claim is caused by the failure of a healthcare professional to provide the required care in a particular set of circumstances. This could be due to improper care during pregnancy, inability to identify any pregnancy-related issues (such as fetal macrosomia) or inability to perform C-sections when needed.

Erb's Palsy is caused due to a condition that affects the brachial nerve system that regulates movement and the sensations in the arm, shoulder, and hand. It is often caused by a traumatic pull or stretch that stretches or tears the nerves.

In a majority of cases, the injuries that cause erb's palsy (vimeo.com) are avoidable. However, this is a very common birth injury that a lot of parents do not anticipate. During the birthing process, parents are distracted by a myriad of things, and it's easy to overlook warning indications that could lead to serious medical errors.

An experienced erb's Palsy attorney can assist parents to determine if their child's illness is the result of medical negligence. If it is there is a possibility of a lawsuit being filed to obtain the financial compensation needed to go towards medical treatments or assistive devices. Although money cannot completely erase the effects of birth injuries, it can provide the financial help the child needs to live a fulfilling life. The majority of erb's palsy lawsuits end up being settled before trial, so it's imperative to act quickly.

Birth Injury

The emotional and Erb's Palsy financial burden of living with erb's paralysis is immense. An Erb's palsy settlement can assist families with treatment, therapy and other devices. The brachialplexus is a group of nerves that runs through your child's arm. It gives sensation and coordinated movements to their arms and hands. The nerves' network can be damaged when you pull too hard during delivery or using instruments. Medical malpractice can be considered if injuries to the brachialplexus occur by the negligence or carelessness of a physician, nurse or hospital staff.

In a successful claim parents can be awarded compensation that covers medical bills, physical and occupational therapy and surgery. To show that a doctor is negligent the legal team will need to demonstrate that they didn't meet the standard of medical care. They must also demonstrate that the negligence was the direct and proximate reason for the birth injury.

In many cases, a doctor will mistakenly pull too hard on the neck or shoulder of a newborn in order to guide them through the birth canal. This could stretch the neck nerves of the baby and cause a stroke on one or both sides. When a birth is difficult the norm is for a doctor to make use of forceps or a vacuum extractor to force the child through the birth canal. This can result in nerve damage.

Statute of limitations

Parents with children with erb's paralysis may be entitled to compensation. However there is a specific timeframe known as the statute of limitations that restricts the time families have to take legal action.

The statute of limitations typically begins on the 18th birthday of an individual. If you suspect that medical malpractice or negligence caused your child's Erb's palsy it is imperative to consult an Erb’s Palsy lawyer right away to determine if you have the right to sue.

Erb's Palsy is caused by damage to the brachial plexus nerve in the baby's neck and shoulder. This type of injury usually occurs when the child's head gets stuck under the mother's pelvic bones during labor or the delivery. The condition is known as shoulder dystocia. When medical professionals attempt to remove the baby who is stuck in the process, they might pull too hard on their necks and shoulders and end up damaging the nerves of the arm.

A doctor or midwife should be able to recognize potential issues like shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they breach this duty by pulling too hard on the neck or the shoulders, it could be considered medical malpractice. Fortunately, those who suffer from medical malpractice are able to seek compensation to pay for their child's medical bills and ongoing medical care.

Filing an action

If a baby develops erb's paralysis due to medical negligence during birth, an attorney may aid the child in filing lawsuits against the medical doctor and other medical care providers accountable for the injury. Parents can get financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also give families an understanding of justice and closure.

The legal process for a lawsuit begins with a complimentary consultation with an experienced lawyer. If the lawyer believes an argument is valid and merits a lawsuit, they will submit a demand to the defendants. The demand letter will include the details of the case as well as an appeal for compensation.

During the discovery stage the legal team will collect evidence and speak with witnesses to create an evidence-based case. They will also submit a report to the court. The legal team of the defendants will then examine the claim and then respond with their own.

Ideally, parties can reach an agreement that is satisfactory for both parties. However it is not always the case that cases reach the point of settlement, and many end up going to trial. In a court trial the jury and a judge will listen to both sides' arguments to determine who wins. If the plaintiff wins the case, they will receive an amount. If the plaintiff loses, he or she won't receive any money.