Erb's Palsy Legal

erb's palsy law firm palsy legal involves the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy costs. This kind of personal injury claim can help parents pay their child's medical bills.

Birth-related medical errors can cause abrasions, or other injuries to the nerves of the brachialplexus. Sometimes, doctors must apply pressure during birth but if they do it excessive force or fail to gauge the pressure needed, it could result in injury.

Medical Malpractice

A medical malpractice claim is based on medical professionals' failure to meet their standard of care in a certain set of circumstances. This can include improper prenatal care, a failure to recognize a pregnancy-related issue (such as fetal macrosomia) or failure to perform a C section when it is required.

Erb's syndrome is a condition that affects the brachial plexus nerve system that controls movement and sensation in the arm, shoulder and hand. It usually occurs as a result of traumatizing pull or Erb's Palsy Attorney stretch that causes tears or stretching of the nerves.

In many cases, the injuries that cause erb's paralysis are avoidable. This is a common birth injury which parents aren't aware of. During the birth process the parent is juggling numerous thoughts going through their heads and it is very difficult to notice signs of a mistake that could result in an injury that is serious to the medical system.

An experienced lawyer for erb's syndrome can assist parents in determining if their child's condition is due to medical malpractice. If this is the situation, a suit can be filed to seek financial compensation to cover medical treatment and assistive equipment. It is not able to reverse the consequences of birth injuries but it can give a child the financial aid they need to lead a happy and fulfilling life. The majority of cases involving erb's palsy settle before trial, so it is imperative to act fast.

Birth Injury

Living with erb's palsy can be emotionally and financially draining. An Erb's palsy settlement will help families cover treatment, therapy and assistive devices. The brachial plexus is a group of nerves in your child's arm that provide sensory and coordinated movement to the hands and arms. Instability during labor and delivery or the use of instruments may harm this nerve system and cause Erb's Palsy. Injuries to the brachial nerve are considered medical malpractice if they were caused through the negligence of a hospital or medical professional.

In the event of a successful claim parents can be awarded compensation that covers medical bills as well as occupational and physical therapy and surgery. In order to prove that a doctor was negligent the legal team must prove that they did not meet the standards of care. They must also prove that the failure was the primary and most direct cause of the birth injury.

In a lot of cases, doctors will pull on the baby's neck or shoulder when trying to get them into the birth canal. This could cause stretching of the neck nerves of the baby and result in a stroke on either or both sides. It is also common for a doctor to incorrectly use a vacuum extractor, or forceps during labor to force a child through the birth canal, which could cause nerve damage.

Statute of Limitations

Parents of children suffering from erb's palsy may be qualified for compensation. However there is a specific timeframe known as the statute of limitations that restricts the time families have to file legal actions.

The statute of limitations generally starts on the 18th birthday of an individual. If you suspect that negligence or medical malpractice caused your child's Erb's palsy it is imperative to consult an Erb’s Palsy lawyer immediately to determine whether you are entitled to sue.

erb's Palsy attorney, vimeo.com, syndrome is a condition that is caused by damage to the network of nerves in a baby's shoulder and neck, also known as the brachial plexus. Often, this injury occurs when a child's head becomes stuck beneath the pelvic bone during the labor or delivery process or delivery, a condition known as shoulder dystocia. When medical professionals attempt to free a stuck baby or a child, they could over-reach their shoulders and neck, causing damage to nerves in the arm.

A midwife or doctor should be able anticipate complications such as shoulder dystocia, and understand how to safely deliver a baby without injuring it. If they violate this requirement by pulling on the neck or shoulders too hard this could be construed as malpractice. Fortunately, victims of medical malpractice are able to seek compensation to pay for the medical bills of their child and ongoing medical care.

Filing a Lawsuit

An attorney can help those children who suffer from erb's palsy as a result medical negligence in the birth process file a lawsuit. The lawyer will take action against the doctor Erb's palsy attorney or any other medical providers who caused the injury. Legal action can help parents receive financial compensation for costs for therapy, medical bills, assistive devices, and lost wages. They can also assist families achieve a sense of justice and closure.

The legal procedure for a lawsuit begins with a complimentary consultation with a seasoned lawyer. If the attorney feels that the case is valid they will then send an order letter to the defendants. The demand letter will include the facts of the case as well as an offer for compensation.

In the discovery phase the legal team will collect evidence and interview witnesses in order to establish a solid case. They will also submit a report to the court. The legal team of the defendants will then look over and respond to the claim.

Ideally, parties can reach a settlement that satisfies both sides. However, not all cases are resolved and a lot go to trial. In a trial, a judge and jury will listen to both sides' arguments to decide who is the winner. If the plaintiff wins the case they will be awarded a payout. If the plaintiff loses then the plaintiff will not receive any compensation.