Erb's Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to seek compensation for medical bills and therapy expenses. This type of personal injuries claim can help parents pay the medical bills for their child.

Birth-related medical errors can cause abrasions, or other injuries to the brachialplexus's nerves. Doctors are often required to apply force during birth. However when they apply too much pressure or do not know the amount of pressure needed, it can lead to an injury.

Medical Malpractice

A medical malpractice claim is based on an healthcare professional's inability to adhere to their standard of care in a particular set of circumstances. This could include inadequate care during pregnancy, inability to identify any pregnancy-related issues (such as fetal macrosomia) or failure to perform C-sections when necessary.

Erb's palsy is a disorder that affects the brachial nerves that regulate movement and sensation in the arm, shoulder and hand. It usually occurs as a result of traumatizing pull or stretch that tears or stretches the nerves.

In many cases, the injuries that cause Erb's Palsy can be prevented. It is a common birth defect that most parents are not aware of. During the birthing process, parents can be distracted by a variety of things and it's easy to ignore warning the signs that could lead to serious medical mistakes.

An experienced erb's Palsy attorney can assist parents in determining whether their child's condition is caused by medical negligence. If this is the case, a lawsuit may be filed to seek the financial compensation needed to pay for medical treatment and assistive equipment. While money can't erase the effects of a birth injury, it can provide the financial assistance that a child requires to live a fulfilling life. The majority of cases involving erb's palsy settle before trial, therefore it is imperative to act fast.

Birth Injury

The financial and emotional strain of living with erb’s palsy is considerable. An Erb's-Palsy settlement could help families pay for therapy, treatment and assistive devices. The brachialplexus is the nerves that run through the arm of your child. It gives sensation and coordinated movements to their arms and hands. A forceful pull during labor and delivery or the use of instruments could damage this network of nerves and cause erb's palsy lawsuit palsy. The brachial plexus can be injured. are considered medical malpractice if they were caused by the negligence of a medical professional or hospital staff.

In the event of a successful case parents can be awarded the amount they owe for medical bills as well as occupational and physical therapy as well as surgery. In order to prove that the doctor Erb's Palsy Attorney was negligent, the legal team must show that they failed to meet the standards of care. They must also demonstrate that the negligence was a direct and immediate cause of the infant's birth injury.

In a lot of cases doctors will pull on the infant's neck or shoulder when they are trying to get them into the birth canal. This could stretch the nerves of the baby's neck and cause a stroke, affecting one or both sides of their head. In the event of a difficult birth the norm is for a doctor to utilize forceps or an extractor to force the child through the birth canal. This could cause nerve damage.

Statute of limitations

Parents whose child suffers from Erb's Palsy may be entitled to compensation. However there is a strict timeframe known as the statute of limitations that restricts the time families are required to pursue legal action.

Generally, the statute of limitations is set at the age of 18. Parents who believe that their child's erb's paralysis was the result of medical malpractice or negligence must consult an attorney who specializes in Erb's palsy promptly to determine whether they are entitled to bring a lawsuit.

Erb's Palsy is caused by damage to the brachial-plexus nervous system in the neck and shoulder. This condition is typically caused when the baby's head is stuck between the pelvic bones during labor or the delivery. This condition is called shoulder dystocia. When medical professionals attempt to remove the baby who is stuck in the process, they might over-reach their necks and shoulders, causing damage to nerves in the arm.

A midwife or doctor must be able to anticipate problems such as shoulder dystocia, and know how to safely deliver a baby without causing injury to it. If they violate this obligation by pulling too heavily on the neck or the shoulders this could be construed as medical malpractice. Fortunately, those who suffer from medical malpractice are able to seek compensation to pay for their child's medical bills and ongoing care.

Filing a Lawsuit

An attorney can aid a child who develops erb’s palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will then take action against the doctor or any other medical professionals who caused the injury. The law suits can help parents obtain financial compensation for the cost of therapy, medical bills as well as assistive devices and lost wages. They can also provide families with the feeling of justice and closure.

The legal process for a lawsuit begins with a no-cost consultation with a knowledgeable lawyer. If the lawyer believes that the case has merit, they will file a demand letter with the defendants. The demand letter will contain the facts of the case as well an offer for compensation in the form of money.

During the discovery phase, the legal team will collect evidence and interview witnesses to build a solid case. The team will also file an official court report. The defendants' legal team will then examine the claim and respond with their own.

Ideally, parties will come to an agreement that pleases both sides. However, not all cases are resolved and a lot go to trial. During a court trial, the jury and judge will examine both sides' arguments to determine the winner. If the plaintiff wins the case, they will receive a payment. If the plaintiff loses, the plaintiff will not receive any money.