erb's palsy lawyers Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to seek compensation for medical bills as well as therapy costs. This kind of personal injury claim can help parents pay for the treatment of their child.

Birth-related medical errors can cause abrasions, or other injuries to the brachialplexus's nerves. Doctors often require pressure during the birth. However, if they apply too much pressure or misjudge how much pressure is needed it could result in an injury.

Medical Malpractice

A medical malpractice claim centers on a healthcare professional who violated their standard of care under certain circumstances. This could include inadequate care during pregnancy, inability to identify a problem with pregnancy (such as fetal macrosomia) or failing to perform C-sections when needed.

Erb's palsy is caused by an illness that affects the brachial nerve network that controls movement and sensations in the arm, shoulder, and hand. It is often caused by a traumatic pull or stretch that tears or stretches the nerves.

In many instances, injuries that cause Erb's-Pallsy could be prevented. But, it's an extremely common birth injury that a lot of parents don't expect. During the birthing process, parents can be distracted by a multitude of things, and it's easy to overlook 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 caused by medical malpractice. If this is the situation, a suit can be filed to seek an amount of money to cover medical treatment and assistive equipment. Money can't undo the harms of birth injuries but it could provide a child with the financial support they need to lead a happy and fulfilling life. Most erb's palsy lawsuits are settled before going to trial, which is why it is important to act fast.

Birth Injury

Living with erb's paralysis can be emotionally and financially draining. Settlements for Erb's Palsy can help families pay for treatment, therapy and other devices. The brachialplexus is the nerve system that runs along the arm of your child. It gives sensation and Erb's Palsy coordinated movements to their hands and arms. The nerves in this network can be damaged by pulling too hard during delivery or using instruments. Injuries to the brachial plexus are considered medical malpractice if they are caused through the negligence of a hospital or medical professional.

Parents who prevail in their case could be awarded compensation for medical expenses such as physical therapy, occupational therapy and even surgery. To prove that the doctor was negligent, the legal team must demonstrate that they did not meet the standard of care. They must also prove that the failure was the main and primary cause of the birth injury.

In many instances doctors pull on the infant's shoulder or neck when they are trying to get them into the birth canal. This can cause stretching of the nerves of the neck of the infant and trigger a stroke, affecting either or both sides of their head. In the event of a difficult birth, it is common for doctors to use forceps or a vacuum extractor to force the child through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents of children suffering from erb's palsy may be eligible for compensation. There is a deadline known as the statutes limitations, that limits how long a family may engage in legal action.

The statute of limitation generally begins on the 18th birthday of an individual. Parents who believe their child's erb's palsy was caused by medical malpractice or negligence must consult an attorney who specializes in Erb's palsy as soon as possible to determine if they are entitled to bring a lawsuit.

Erb's syndrome is a condition that is caused by damage to the nerves' network in a baby's shoulder or neck, also known as the brachial plexus. This condition is typically caused by the child's head getting stuck beneath the pelvic bones during labor or erb's palsy the delivery. This condition is known as shoulder dystocia. When medical professionals attempt to free a stuck baby or a child, they could pull too hard on their shoulders and neck and cause damage to the nerves of the arm.

A midwife or doctor should be able to anticipate any complications such as shoulder dystocia, and understand how to safely give birth without injury to it. If they fail to fulfill this obligation by putting pressure on the neck or shoulders too hard this could be construed as negligence. Fortunately, victims of medical malpractice can recover compensation to pay for their child's medical expenses and ongoing care.

Filing a Lawsuit

An attorney can help those who have children with erb's palsy as a result of medical negligence during birth file a lawsuit. The lawyer will then pursue the doctor or other medical providers who caused the injury. Parents can seek financial compensation for medical expenses as well as therapy, assistive devices and lost wages through lawsuits. They can also help families feel a sense of justice and closure.

A no-cost consultation with a lawyer experienced is the first step in the legal process. If the lawyer feels the case is valid, they will send an official demand letter to defendants. The demand letter will contain 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. They will also submit an account to the court. The legal team of the defendants will then examine and respond to the claim.

In a perfect world, the parties would reach an agreement that satisfied both parties. There are cases that are not always resolved and a lot go to trial. During a court trial, a judge and jury will hear both sides' arguments to determine the winner. If the plaintiff wins, he or she will receive a payment and the lawsuit will be closed. If the plaintiff loses, he or will not receive any compensation whatsoever.