newton erb's palsy law firm Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills as well as therapy expenses. This type of personal injury claim may help parents pay for their child's care.

Birth-related medical errors can cause abrasions, or other injuries to the brachialplexus's nerves. Doctors often need to use pressure during the birth. However, if they apply excessive pressure or don't know the amount of pressure required it could result in an injury.

Medical Malpractice

A medical malpractice claim is caused by the failure of a healthcare professional to perform their standard of care in a certain set of circumstances. This can include improper care during pregnancy, Vimeo inability to detect a problem with pregnancy (such as fetal macrosomia) or inability to perform C-sections if needed.

gardiner erb's palsy law firm palsy is a disorder that affects the brachial nerve system that controls movement and sensation in the arm, shoulder, and hand. It is usually caused by a traumatic pull or stretch that tears or strains the nerves.

In most cases, the injuries that cause erb's paralysis are preventable. However, it is an uncommon birth injury that parents aren't prepared for. During the birthing process, parents are distracted by a multitude of things and it's easy to ignore warning indications that could lead to serious medical mistakes.

An experienced erb’s palsy attorney can assist parents in determining whether the child's condition is due to medical malpractice. If this is the situation, a lawsuit could be filed to seek an amount of money to cover medical treatments and assistive devices. Although money cannot erase the effects of a birth injury it could provide the financial aid a child needs to live a full and healthy life. Most erb’s palsy cases are settled before trial, so you should act quickly.

Birth Injury

The financial and emotional strain of living with erb's palsy is immense. Settlements for Erb's Palsy can help families cover treatment, therapy and assistive devices. The brachialplexus comprises the nerves that run along the arm of your child. It provides sensation and coordinated movements to their hands and arms. The nerves' network can be damaged by pulling too hard during delivery or using instruments. Medical malpractice is considered when injuries to the brachialplexus are triggered due to the negligence or carelessness of a physician, nurse, or hospital staff.

Parents who win their case will get compensation for medical expenses and physical therapy, occupational therapy, and surgery. In order to prove that the doctor was negligent the legal team has to show that they failed to meet the standard of care. They must also show that the negligence was the direct and proximate cause of the birth injury.

In many instances doctors will over-stretch the shoulder or neck of an infant when attempting to get them through the birth canal. This can strain the nerves in the neck of the infant and trigger strokes that affect one or both sides of their head. It is also common for a doctor to incorrectly use a vacuum extractor, or forceps during a difficult birth to force a baby through the birth canal, which could cause nerve damage.

Statute of Limitations

Parents who have a child with erb's paralysis may be entitled to compensation. There is a deadline known as the statutes limitations, that limits the time a family can engage in legal action.

The statute of limitations generally starts on the 18th birthday of an individual. If you believe that medical malpractice or negligence caused your child's Erb's-Pallsy, Vimeo it is important to consult with an Erb's & Palsy lawyer immediately to determine if you have the right to pursue a lawsuit.

Erb's palsy is a complication that is caused by injury to the nerves' network in the baby's shoulder and neck, also known as the brachial plexus. Most often, this injury occurs when the head of a child gets stuck underneath the mother's pelvic bone during the birth or labor or delivery, a condition known as shoulder dystocia. When medical professionals attempt to remove a baby stuck in the process, they might pull too hard on their shoulders and neck, causing damage to nerves in the arm.

A doctor or midwife should be able anticipate complications, such as shoulder dystocia, as well as know how to safely deliver a baby without causing injury to it. If they violate this requirement by pulling on the neck or shoulders excessively or bending the neck too much, it could be considered negligence. Fortunately, victims of medical malpractice can claim compensation to cover their child's medical expenses and ongoing treatment.

Filing a Lawsuit

If a baby is diagnosed with erb's palsy due to negligent medical care during the delivery, an attorney could aid the child in filing a lawsuit against the medical doctor and other medical care providers accountable for the injury. Parents can seek financial compensation for medical expenses therapy, assistive devices, and lost wages through lawsuits. They can also give families the feeling of justice and closure.

The legal process for a lawsuit begins with a no-cost consultation with a knowledgeable lawyer. If the lawyer feels the case is a valid one, they will send a demand letter to the defendants. The demand letter will include the facts of the case and an appeal for compensation.

During the discovery stage the legal team will collect evidence and talk to witnesses to create a convincing case. They will also submit a report to the court. The defendants' legal team will then review the claim and respond with their own.

Ideally, parties will come to an agreement that is satisfactory for both sides. However many cases do not come to an agreement, and some will go to trial. In a court trial a judge and jury will listen to both sides' arguments in order to determine who wins. If the plaintiff is successful, he or she will be awarded a prize and the lawsuit will come to a close. If the plaintiff loses, the plaintiff will not receive any money.