Erb's Palsy Legal

Legally, erb's palsy law firm palsy involves the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy expenses. This type of personal injuries claim could help parents pay the medical bills of their child.

Inaccurate medical interventions during childbirth could result in abrasions or other damage to the nerves of the brachialplexus. Sometimes, doctors must apply pressure during the delivery, but if they use too much pressure or do not accurately gauge the amount of pressure applied, it can cause an injury.

Medical Malpractice

A medical malpractice claim is based on a healthcare professional breaching their standard of care during the context of a particular set of circumstances. This could include insufficient prenatal care, inability to recognize a pregnancy issue (such as fetal macrosomia) or failure to perform a C section when needed.

Erb's Palsy is a condition that affects the brachial network of nerves that control movement and sensation in the shoulder, arm, and hand. It typically occurs due to a traumatic pull or stretch that causes tears or stretching of the nerves.

In many instances, injuries that cause Erb's palsy can be prevented. However, this is an uncommon birth injury that a lot of parents do not anticipate. When delivering, a parent has a million things running through their heads and it's easy to overlook signs of an error which could result in a serious medical mistake.

An experienced erb’s palsy attorney can help parents determine whether the child's condition is due to medical malpractice. If this is the case, a lawsuit can be filed for erb's palsy attorneys financial compensation to cover medical treatment and assistive equipment. While money can't erase the effects of a birth injury it can provide the financial assistance the child needs to live a full and healthy life. Most erb's palsy lawsuits settle before trial, therefore it is crucial to act quickly.

Birth Injury

The financial and emotional strain of living with erb's paralysis is significant. Settlements for Erb's Palsy can help families pay for therapies, treatments and assistive devices. The brachial plexus is a set of nerves in the arm of your child which provide sensation and coordinated movement to the arms and hands. Forceful pulling during labor and delivery or the use or manipulation of instruments can harm this nerve system and lead to the development of Erb's palsy. Medical malpractice is the term used when injuries to the brachialplexus are triggered by the negligence or carelessness of a nurse, doctor, or hospital staff.

If a claim is successful parents could receive reimbursement for medical bills, physical and occupational therapy, as well as surgery. In order to prove that the doctor was negligent the legal team must show that they failed to meet the standards of care. They must also show that the negligence was the direct and proximate reason for the birth injury.

In a majority of cases, a doctor will mistakenly pull too hard on the baby's neck or shoulder when trying to guide them through the birth canal. This can stretch the neck nerves of the baby and result in a stroke on either or both sides. During a difficult delivery the norm is for doctors to make use of forceps or a vacuum extractor to force the infant through the birth canal. This can cause nerve damage.

Statute of limitations

Parents of children with Erb's palsy attorneys palsy may be qualified for compensation. However there is a specific time frame known as the statute of limitations that restricts the time families have to pursue legal action.

The statute of limitations usually begins on the 18th birthday of an individual. If you believe that medical malpractice or negligence caused your child's Erb's Palsy, it is important to speak with an Erb's Palsy lawyer right away to determine whether you have the legal right to sue.

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

A doctor or midwife must be able anticipate complications such as shoulder dystocia, and know how to safely deliver a baby without harming it. If they violate this requirement by pulling on the shoulders or neck too hard this could be construed as negligence. The victims of medical malpractice can receive compensation for their child's ongoing treatment and medical expenses.

Filing a Lawsuit

If a baby is diagnosed with erb's syndrome due to medical negligence during birth, an attorney could help the baby file an action against the medical doctor and other medical care providers responsible for his or her injury. Lawsuits can assist parents in obtaining financial compensation for medical bills, therapy costs as well as assistive devices and lost wages. They can also provide families with a sense justice and closure.

A free consultation with a lawyer with experience is the first step in the legal process. If the lawyer believes the case is meritorious and merits a lawsuit, they will send a demand letter to the defendants. The demand letter will contain the facts of the case along with an appeal for compensation.

During the discovery stage, the legal team will gather evidence and interview witnesses in order to build a solid case. The team will also submit the court report. The legal team of the defendants will review the case and make a response of their own.

In a perfect world the parties could reach a settlement which satisfied both sides. However, not all cases are settled, and many are sent to trial. In a trial, a jury and judge will hear the arguments of both sides to determine a winner. If the plaintiff is successful, he or she will receive a payout and the case will end. If the plaintiff loses, he or will not receive any compensation whatsoever.