erb's palsy lawsuit Palsy Legal

Legal action for Erb's palsy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This kind of personal injury claim may aid parents in paying for their child's care.

The complication of a medical error during childbirth could cause abrasions as well as other injuries to the brachial plexus nerves. Often doctors need to apply force during delivery, but if they use excessive force or fail to gauge the amount of pressure, it could result in an injury.

Medical Malpractice

A medical malpractice claim is based on an healthcare professional's inability to perform their standard of treatment in a specific set of circumstances. This could be due to improper care during pregnancy, the inability to recognize an issue with pregnancy (such as fetal macrosomia) or failure to perform C-sections when needed.

Erb's palsy is a condition that affects the brachial plexus nerve system that controls movement and sensation in the arm, shoulder, and hand. It is often caused by a painful pull or stretch which tears or stretch the nerves.

In many cases, the injuries that cause Erb's Palsy can be avoided. This is a common birth defect that most parents are not aware of. During the birth process, a parent has numerous thoughts going through their minds and it's quite easy to miss the signs of an error which could result in an injury that is serious to the medical system.

An experienced erb's palsy lawyer can help parents determine the cause of their child's illness due to medical negligence. If so the lawsuit could be brought to recover the financial compensation needed to go towards medical treatments or assistive devices. While money can't erase the effects of a birth injury, it could provide the financial aid needed by a child to live a fulfilling life. The majority of cases involving erb's syndrome settle before trial, therefore it is imperative to act fast.

Birth Injury

Living with erb's palsy can be financially and emotionally draining. A settlement for Erb's palsy can help families cover treatment, therapy and assistive devices. The brachialplexus is the nerves that run along the arm of your child. It provides sensation and coordinated movements to their hands and arms. Forceful pulling during labor and birth or the use of instruments may damage this network of nerves and cause Erb's palsy. Injuries to the brachial plexus are considered medical malpractice if they are caused by the negligence of doctor or hospital staff.

Parents who win their case may get compensation for medical expenses and physical therapy, occupational therapy and surgery. To prove that a doctor was negligent, the legal team will need to show that they did not meet the standards of medical care. They must also show that the negligence was a direct, proximate cause of the infant's birth injury.

In a lot of cases, a doctor will mistakenly over-stretch the neck or shoulder of a newborn when trying to guide them through the birth canal. This could stretch the nerves of the neck of the baby and cause strokes, which can affect either or both sides their head. When a birth is difficult the norm is for doctors to use forceps or a vacuum extractor to force the baby through the birth canal. This could cause nerve damage.

Statute of limitations

Parents of children with erb's palsy law firm Palsy may be eligible for compensation. However there is a specific time frame known as the statute of limitations that restricts the time families have to take legal action.

Generally, the statute of limitations is set on the 18th birthday of an individual. Parents who believe that their child's erb's-related palsy was caused by medical malpractice or negligence should consult an Erb's palsy lawyer promptly to determine whether they are entitled to file a lawsuit.

Erb's syndrome is a condition that is caused by injury to the nerve network in the shoulder and neck, known as the brachial plexus. Typically, this type of injury occurs when a child's head becomes stuck underneath the mother's pelvic bone during the labor or delivery process which 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 end up damaging the nerves of the arm.

A midwife or doctor should be able to spot potential complications such as shoulder dystocia and be able to safely deliver the baby without causing injury. If they fail to fulfill this responsibility by pulling too heavily on the neck or the shoulders this could be construed as medical malpractice. Fortunately, the victims of medical malpractice can claim compensation to pay for the medical bills of their child and ongoing care.

Filing an action

An attorney can help the child who is diagnosed with erb's palsy due to medical negligence at birth, file a lawsuit. The lawyer will take action against the doctor or any other medical providers who caused the injury. Lawsuits can help parents get financial compensation that covers expenses for therapy, medical bills, assistive devices, and lost wages. They can also assist families to feel a sense justice and closure.

The legal process for a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the attorney feels that the case is legitimate they will then send a demand letter to the defendants. The demand letter should contain the facts of the case as well the request for monetary compensation.

During the discovery process the legal team will collect evidence and interview witnesses in order to build a solid case. The team will also prepare a court report. The legal team of the defendants will then look over the claim and respond with their own.

In a perfect world, the parties would come to an agreement that satisfied both sides. However, not all cases reach a settlement and many end up going to trial. In a court trial a judge and jury will listen to both sides' arguments in order to decide who will win. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses, he or will not receive any compensation at all.