erb's palsy lawyers Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to seek reimbursement for medical bills and therapy expenses. This kind of personal injury claim may help parents pay for the care of their child.

The birth of a child can cause abrasions or other injuries to the nerves of the brachialplexus. Most doctors will need to apply pressure during birth but if they apply too much or underestimate the amount of pressure they apply, it could result in an injury.

Medical Malpractice

A medical malpractice claim is an accusation of the failure of a healthcare professional to meet their standard of care in a certain set of circumstances. This can include improper prenatal care, an inability to recognize a pregnancy-related issue (such as fetal macrosomia) or inability to perform a C-section if necessary.

Erb's palsy is a condition that affects the brachial plexus nerves that regulate movement and sensation in the shoulder, arm, and hand. It is usually caused by a traumatic pull or stretch that tears or strains the nerves.

In many cases, the injuries that cause erb's syndrome are avoidable. It is an extremely common birth injury that parents aren't aware of. When delivering, a parent has numerous thoughts going through their minds and it's quite easy to miss the signs of an error that could lead to an injury that is serious to the medical system.

An experienced erb's Palsy attorney can assist parents to determine if the child's condition is a result of medical malpractice. If so, a lawsuit may be filed to seek an amount of money to be used towards medical treatment and assistive devices. While money can't erase the effects of birth injuries, it could provide the financial aid that a child requires to live a healthy and fulfilling life. The majority of cases involving erb's syphilis settle before trial, so you must act quickly.

Birth Injury

The emotional and financial burden of living with erb's syndrome is considerable. A settlement for Erb's palsy will help families cover therapy, treatment and assistive devices. The brachialplexus comprises a network of nerves in your child's arm that provide sensory and coordinated movement to the hands and arms. This network of nerves can be damaged if you pull too hard during birth or by using instruments. Medical malpractice is the term used when injuries to the brachialplexus occur through the negligence or inattention of a nurse, doctor or hospital staff.

In the event of a successful claim parents could receive reimbursement for medical bills, physical and erb's Palsy attorney occupational therapy, and even surgery. In order to prove that a doctor was negligent the legal team has to show that they failed to meet the standard of care. They must also show that the failure was a direct, proximate cause of the infant's birth injury.

In many instances doctors will pull on the infant's shoulder or neck when trying to get them into the birth canal. This could stretch the neck nerves of the baby and result in a stroke one or both sides. When a birth is difficult the norm is for the doctor to use forceps or a vacuum extractor to push the child through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents with children with erb's syndrome may be entitled to compensation. There is a time limit known as the statutes limitations, which limits how long a family may engage in legal action.

Generally, the statute of limitation begins when an individual turns 18. Parents who believe their child's erb's palsy was the result of medical malpractice or negligence should consult an attorney who specializes in Erb's palsy immediately to determine if they are entitled to file an action.

Erb's palsy is caused by damage to the brachial-plexus nervous system in the neck of the baby and shoulder. This type of injury usually occurs by the child's head getting stuck beneath the pelvic bones during labor or delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to free a child stuck, they can over-reach on the shoulders and neck, which may damage the nerves of the arm.

A midwife or doctor should be able of recognizing potential complications such as shoulder dystocia, and know how to safely deliver the baby without causing injury. If they breach this duty by pulling on the shoulders or neck too hard and causing pain, it could be regarded as negligence. Medical malpractice victims can receive compensation for the ongoing care of their child and medical bills.

Filing an action

If a baby is diagnosed with erb's syndrome due to medical negligence during delivery, an attorney may aid the child in filing lawsuits against the medical professional and other medical professionals responsible for their injury. The law suits can help parents obtain financial compensation to cover medical bills, therapy costs as well as assistive devices and lost wages. They can also give families the feeling of justice and closure.

The legal process for filing a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer believes the case is meritorious, they will issue a demand note to the defendants. The demand letter will include the details of the case as well as a request for monetary compensation.

During the discovery phase in the discovery phase, the legal team will collect evidence and talk with witnesses to construct a convincing case. The team will also submit the court report. The legal team of the defendants will then review and respond to the claim.

Ideally, parties can reach an agreement that is satisfactory for both sides. However, not all cases reach the point of settlement, and many end up going to trial. In a court trial the jury and judge will hear both sides' arguments in order to determine who wins. If the plaintiff succeeds, the plaintiff will be awarded a prize and the case will be closed. If the plaintiff loses, he or will not receive any compensation whatsoever.