erb's palsy attorney Palsy Legal

Legal action to treat Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical expenses and therapy costs. This type of personal injuries claim can help parents pay the medical bills for their child.

Mistakes in the birth process can cause abrasions and other injuries to the brachial plexus nerves. Doctors often need to use force during delivery. However should they apply excessive pressure or don't know the amount of pressure required this could cause an injury.

Medical Malpractice

A medical malpractice claim is the result of an healthcare professional's inability to provide the required care under a specific set of circumstances. This could include inadequate care during pregnancy, inability to detect an issue with pregnancy (such as fetal macrosomia) or failing to perform C-sections as required.

Erb's Palsy is a condition that affects the brachial plexus network of nerves that control movement and sensation in the arm, shoulder and hand. It is usually caused by a traumatic pull or stretch which tears or stretch the nerves.

In many cases, the injuries that cause erb's syndrome are avoidable. It is an extremely common birth injury that the majority of parents aren't aware of. During the delivery process the parent is juggling many thoughts running through their head and it is very easy to miss the signs of an error which could result in an unintentional medical error.

An experienced attorney for erb's palsy can assist parents in determining whether their 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 treatments and assistive equipment. Although money cannot completely erase the effects of a birth injury it could provide the financial aid a child needs to live a full and healthy life. The majority of lawsuits involving erb's syphilis end up being settled before going to trial, therefore it is imperative to act quickly.

Birth Injury

Living with erb's palsy attorneys palsy can be financially and emotionally draining. A settlement with Erb's syndrome can assist families with therapies, treatments and assistive devices. The brachial plexus is a set of nerves in your child's arm that provide sensory and coordinated movement to the arms and hands. This nerve network could be damaged if you pull too hard during delivery or by using instruments. Medical malpractice is the term used when injuries to the brachialplexus result by the negligence or carelessness of a physician, nurse, or hospital staff.

If a claim is successful parents may be awarded the amount they owe for medical bills as well as occupational and physical therapy, and even surgery. In order to prove that the doctor was negligent the legal team has to prove that they did not meet the standard of care. They must also prove that the failure was a direct and immediate cause of the infant's injury.

In a lot of cases, a doctor will mistakenly over-stretch an infant's neck or shoulder when trying to guide them through the birth canal. This can cause strain on the neck nerves of the infant and result in a stroke on either or both sides. In the event of a difficult birth the norm is for the doctor to utilize forceps or lawsuits an extractor to force the child through the birth canal. This can result in nerve damage.

Statute of Limitations

Parents who have a child with erb's syndrome may be entitled to compensation. There is a time limit, called the statutes of limitations, that restricts how long a family can engage in legal action.

Generally, the statute of limitations is set at the age of 18. Parents who believe that their child's erb's syndrome was caused by medical negligence or negligence must consult an attorney who specializes in Erb's palsy promptly to determine whether they have the right to file an action.

Erb's Palsy is caused by damage to the brachial-plexus nerve network located in the neck and shoulder. This injury is often caused when a child's head becomes stuck between the pelvic bones during the labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to remove a baby stuck or a child, they could forcefully pull on their necks and shoulders, causing damage to nerves in the arm.

A midwife or doctor must be able to recognize potential problems such as shoulder dystocia and be able to safely deliver the baby without causing an injury. If they breach this duty by pulling on the neck or shoulders excessively this could be construed as negligence. Fortunately, those who suffer from medical malpractice are able to seek compensation to cover their child's medical bills and ongoing medical care.

Filing an action

If a baby develops erb's paralysis due to negligent medical care during the delivery, an attorney could aid the child in filing an action against the doctor and other medical personnel responsible for his or her injury. Parents can receive financial compensation for medical expenses as well as therapy, assistive devices and lost wages through lawsuits. They can also assist families find a sense justice and closure.

A free consultation with a lawyer experienced is the first step in the legal process. If the lawyer believes that the case has merit the lawyer will file a demand letter with the defendants. The demand letter should contain the facts of the case along with a request for compensation.

During the discovery phase the legal team will collect evidence and talk with witnesses to construct an argument that is strong. The team will then submit an official court report. The legal team of the defendants will then review the claim and make a response of their own.

Ideally, parties can reach a settlement that satisfies both sides. There are cases that are not always settled, and many are sent to trial. During a court trial, the jury and judge will listen to both sides' arguments to determine who wins. If the plaintiff wins, he will receive a payout and the case will be closed. If the plaintiff loses, the plaintiff will not receive any compensation.