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Legal action to treat Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical expenses and therapy costs. This kind of personal injury claim could help parents pay for the care of their child.
The birth of a child can cause abrasions or other injuries to the nerves of the brachialplexus. Doctors are often required to apply force during birth. However should they apply too much pressure or misjudge the amount of pressure required it could result in an injury.
Medical Malpractice
A medical malpractice claim is based on a healthcare professional's breach of their standards of care in an aforementioned set of circumstances. This could include inadequate prenatal care, a failure to recognize a pregnancy-related issue (such as fetal macrosomia) or erb's palsy attorneys failure to perform a C-section when needed.
Erb's Palsy is caused by an illness that affects the brachial nerve system that regulates movement and the sensations in the arm, shoulder, and hand. It typically occurs due to a traumatic pull or stretch that stretches or tears the nerves.
In many cases, injuries that cause Erb's palsy can be prevented. However, this is a very common birth injury that many parents don't anticipate. In the process of birth, a parent has many thoughts running through their head and it is very easy to overlook signs of a mistake that could lead to an injury that is serious to the medical system.
An experienced lawyer for Erb's palsy Attorneys syndrome can assist parents in determining if their child's condition was caused by medical negligence. If this is the situation, a suit can be filed for financial compensation to cover medical treatments and assistive equipment. It is not able to reverse the consequences of birth injuries but it could provide a child with the financial support they need to live a full and happy life. Most erb’s palsy cases end up being settled before trial, which is why you must act quickly.
Birth Injury
The financial and emotional strain of living with erb's syndrome is immense. An Erb's palsy settlement will help families cover therapies, treatments and assistive devices. The brachial plexus is a group of nerves in the arm of your child that provide a sense of touch and coordinated movement to the hands and arms. The forceful pulling that occurs during labor and birth or the use of instruments can damage this network of nerves and cause erb's palsy law firms palsy. Medical malpractice can be considered if injuries to the brachialplexus are caused due to the negligence or carelessness of a nurse, doctor or hospital personnel.
Parents who prevail in their case can be awarded compensation for medical expenses as well as occupational therapy, physical therapy therapy, and surgery. To demonstrate that a physician is negligent, the legal team must to show that they failed to meet the standards of medical care. They must also demonstrate that this negligence was a direct, proximate cause of the infant's injury.
In many cases, doctors will pull on the baby's neck or shoulder in an attempt to bring them into the birth canal. This can strain the nerves in the neck of the infant and trigger a stroke, affecting the head on one or both sides of their head. During a difficult delivery it is common for doctors to make use of forceps or a vacuum extractor to force the infant through the birth canal. This can cause nerve damage.
Statute of limitations
Parents with children who suffers from erb's paralysis could be entitled to compensation. There is a deadline known as the statutes limitations, that restricts the length of time that a family can legally pursue legal action.
The statute of limitations typically starts on the 18th birthday of an individual. Parents who believe their child's erb's paralysis was the result of medical malpractice or negligence should consult an attorney who specializes in Erb's palsy immediately to determine if they have the right to file an action.
Erb's syndrome is a condition that is caused by injury to the network of nerves in a baby's shoulder or neck, referred to as the brachial plexus. This condition is typically caused when the child's head gets stuck beneath the pelvic bones during labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to extract a stuck infant, they can over-reach on the shoulders and the neck, which may damage the nerves in the arm.
A midwife or doctor must be able to recognize potential issues such as shoulder dystocia and be able to safely deliver the baby without causing injury. If they breach this duty by pulling too hard on the neck or shoulders this could be construed as medical malpractice. Medical malpractice victims can be awarded compensation for their child's ongoing care and medical expenses.
Filing a Lawsuit
If a baby is diagnosed with erb's palsy as a result of medical negligence during birth, an attorney could aid the child in filing an action against the doctor and other medical personnel responsible for their injury. Lawsuits can help parents get financial compensation for expenses for therapy, medical bills as well as assistive devices and lost wages. They also provide families with the satisfaction of having their issues resolved and a sense of closure.
The legal process for filing a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer is convinced that a case has merit the lawyer will issue a demand note to the defendants. The demand letter will outline the facts of the case and an appeal for erb's Palsy attorneys compensation.
In the discovery phase, the legal team will collect evidence and speak with witnesses to establish a solid case. They will also present an account to the court. The defendants' legal team will then examine the claim and respond with their own.
Ideally, parties can reach an agreement that is acceptable to both sides. There are cases that are not always settled and many go to trial. In a trial, a judge and jury will hear both sides' arguments to decide who is the winner. If the plaintiff succeeds, the plaintiff will be awarded a prize and the case will come to a close. If the plaintiff loses then they won't get any money.
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