Erb's Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to seek reimbursement for medical bills and therapy costs. This type of personal injury claim can aid parents in paying for the care of their child.

Inaccurate medical interventions during childbirth could cause abrasions, or other injuries to the brachialplexus's nerves. Often doctors need to apply pressure during birth, but if they use too much or misjudge the amount of pressure, it can cause an injury.

Medical Malpractice

A medical malpractice claim is based on a healthcare professional's breach of their standard of care under certain circumstances. This could be due to inadequate prenatal care, inability to detect a pregnancy problem (such as fetal macrosomia) or failure to perform a C-section if required.

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

In most cases, the injuries that cause erb's Palsy can be prevented. However, it is an uncommon birth injury that a lot of parents don't anticipate. In the process of birth there are a million things running through their heads and it's easy to miss the signs of an error that could result in an unintentional medical error.

An experienced erb’s palsy attorney can assist parents in determining whether the child's condition is a result of medical negligence. If so there is a possibility of a lawsuit being brought to recover the financial compensation needed to go towards medical treatments and assistive devices. While money can't erase the effects of a birth injury it can provide the financial help the child needs to live a full and healthy life. Most erb’s palsy cases settle before trial, therefore you must act quickly.

Birth Injury

Living with erb's syndrome can be financially and emotionally draining. A settlement with erb's palsy law firm syndrome can help families pay for therapy, treatment and assistive devices. The brachialplexus is a nerve system that runs along your child's arm. It gives sensation and coordinated movements to their arms and hands. A forceful pull during labor and birth or the use or manipulation of instruments can cause damage to this nerve network and Erb's cause Erb's palsy. The brachial plexus can be injured. are considered medical malpractice if they are caused through the negligence of a doctor or hospital staff.

In the event of a successful claim parents may be awarded the amount they owe for medical bills as well as occupational and physical therapy as well as surgery. To prove that the doctor was negligent the legal team has to demonstrate that they did not meet the standard of care. They must also show that the failure was a direct and proximate reason for the infant's birth injury.

In many instances doctors make the mistake of push too hard on the baby's neck or shoulder in order to guide them through the birth canal. This can strain the nerves in the neck of the baby, causing strokes, which can affect one or both sides of their head. If the birth experience is difficult it is normal for the doctor to make use of forceps or a vacuum extractor to force the baby through the birth canal. This can result in nerve damage.

Statute of Limitations

Parents whose child suffers from Erb's Palsy may be entitled to compensation. There is a time limit, called the statutes of limitations, that limits the length of time that a family can pursue legal action.

The statute of limitations generally begins on the 18th birthday of an individual. If you suspect that negligence or medical malpractice caused your child's Erb's-Pallsy it is essential to speak with an erb's palsy lawsuits Palsy lawyer immediately to determine if you have the right to pursue a lawsuit.

Erb's Palsy is caused due to damage to the brachial-plexus nerve system located in the neck and shoulder. The injury is usually caused when a child's head becomes stuck between the pelvic bones during the labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to free a baby stuck in the process, they might pull too hard on their shoulders and neck, causing damage to nerves in the arm.

A midwife or doctor must be able to anticipate complications such as shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they fail to fulfill this responsibility by pulling too excessively on the neck or shoulders and neck, it could be deemed medical malpractice. Medical malpractice victims can receive compensation for ongoing medical care and medical bills.

Filing an action

An attorney can assist those who have children with erb's palsy because of medical negligence at birth, file a lawsuit. The lawyer will then pursue the doctor or other medical providers who caused the injury. Legal action can help parents receive financial compensation that covers the cost of therapy, medical bills, assistive devices, and lost wages. They can also provide families with 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 attorney believes the case is meritorious the lawyer will submit a demand to the defendants. The demand letter should contain the details of the case and an offer for compensation.

During the discovery stage the legal team will collect evidence and speak with witnesses to build a solid case. The team will then submit a court document. The legal team of the defendants will then look over and respond to the claim.

In an ideal world, the parties would agree to an agreement that satisfied both sides. However, not all cases reach the point of settlement, and many will go to trial. In a court trial a judge and jury will examine both sides' arguments in order to determine who wins. If the plaintiff wins the case they will receive a payment. If the plaintiff loses, he / will not receive any compensation whatsoever.