Erb's Palsy Legal

Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This type of personal injury claim can aid parents in paying for the treatment of their child.

Birth-related medical errors can cause abrasions or other injuries to the brachialplexus's nerves. Doctors are often required to apply pressure during the birth. However when they apply too much pressure or fail to recognize the amount of pressure needed it could cause an injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional's breach of their standard of care under an aforementioned set of circumstances. This can include improper care during pregnancy, the inability to recognize the presence of a pregnancy-related issue (such as fetal macrosomia) or failing to perform C-sections when needed.

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

In many cases, the injuries that cause Erb's 'Palsy' can be prevented. However, this is a very common birth injury that a lot of parents don't expect. In the process of birth there are several things going through their mind and it's quite easy to miss signs of a mistake that could cause a serious medical error.

An experienced erb's palsy attorneys Palsy attorney can assist parents in determining if the child's condition is a result of medical negligence. If so, a lawsuit may be filed to recover money that can be used towards medical treatments and Erb's palsy lawsuits assistive devices. The money won't reverse the effects of birth injuries however, it can provide a child with the financial assistance they require to live a fulfilled life. The majority of erb's palsy lawsuits settle before trial, which is why it is imperative to act quickly.

Birth Injury

Living with erb's palsy lawsuit syndrome can be financially and emotionally draining. Settlements for Erb's Palsy may aid families in paying for therapy, treatment and assistive devices. The brachialplexus refers to the group of nerves that runs along the arm of your child. It gives sensation and coordinated movements to their hands and arms. The forceful pulling that occurs during labor and birth or the use of instruments can cause nerve damage and lead to the development of Erb's palsy. Brachial plexus injuries are considered medical malpractice if they are caused due to the negligence of a medical professional or hospital staff.

Parents who prevail in their case can be awarded compensation for medical bills such as physical therapy, occupational therapy as well as surgery. To prove that a doctor was negligent the legal team must prove that they failed to meet the standard of care. They must also prove that this failure was a direct, proximate cause of the infant's injury.

In many cases doctors make the mistake of over-stretch an infant's neck or shoulder when attempting to get them through the birth canal. This could stretch the nerves of the neck of the infant and trigger strokes that affect either or both sides of their head. It is also typical for a doctor to inadvertently use a vacuum extractor or forceps during a difficult birth to force a baby into the birth canal, which could cause nerve damage.

Statute of Limitations

Parents of children who has erb's parisis may be entitled to compensation. There is a deadline known as the statutes of limitations, that limits how long a family can pursue legal action.

Generally speaking, the statute of limitations starts on an individual's 18th birthday. Parents who believe their child's erb's paralysis was caused by medical malpractice or negligence should consult an attorney for the Erb's syndrome promptly to determine if they have the right to file an action.

Erb's palsy is a condition that is caused by damage to the nerve network in the baby's shoulder and neck, also known as the brachial plexus. This injury is often caused when the baby's head is stuck beneath the pelvic bones during labor or delivery. This condition is known as shoulder dystocia. When medical professionals attempt to remove a stuck infant in the womb, they may over-reach on the shoulders and the neck, which damages the nerves that run through the arm.

A midwife or doctor should be able to anticipate issues like shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they violate this duty by putting pressure on the neck or shoulders too hard this could be construed as malpractice. The victims of medical malpractice can receive compensation for ongoing medical care and medical expenses.

Filing a Lawsuit

If a baby develops erb's palsy due to medical negligence during the birth, an attorney may assist the baby to file lawsuits against the medical doctor and other medical care providers responsible for his or her injury. Parents can receive financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also assist families find a sense justice and closure.

A free consultation with a seasoned lawyer is the first step in the legal process. If the attorney feels that the case is legal, they will send a demand letter to the defendants. The demand letter will contain the details of the case along with an appeal for compensation.

During the discovery stage, the legal team will gather evidence and speak to witnesses in order to build a strong case. They will also present a report to the court. The legal team of the defendants will then examine the claim and make a response of their own.

In a perfect scenario, the parties would come to a settlement which satisfied both parties. However, not all cases are settled, and many are sent to trial. In a trial, the jury and judge will hear the arguments of both sides to decide on a winner. If the plaintiff wins the case and is awarded an amount. If the plaintiff loses, he / is not eligible for compensation at all.