Erb's Palsy Legal

Erb's palsy legal involves the filing of an insurance claim or lawsuit to seek compensation for medical bills as well as therapy expenses. This type of personal injury claim could help parents pay for the care of their child.

Medical errors during childbirth can result in abrasions or other damage to the nerves of the brachialplexus. Often doctors need to apply pressure during the delivery, but if they use too much or misjudge the amount of pressure applied, it could result in 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 detect the presence of a pregnancy-related issue (such as fetal macrosomia) or failing to perform C-sections if needed.

Erb's Palsy is caused by a condition affecting the brachial nerve that regulates the movement and sensations of the arm, shoulder, and hand. It often results from traumatizing pull or stretch that tears or stretches the nerves.

In many cases, the injuries that cause Erb's 'Palsy' can be avoided. This is an extremely common birth injury that the majority of parents aren't aware of. During the birthing process, parents can be distracted by a variety of things and it's very easy to overlook signs that could lead to serious medical errors.

An experienced erb's Palsy attorney can assist parents in determining if their child's condition is a result of medical negligence. If this is the situation, a lawsuit could be filed to seek financial compensation to pay for medical treatment and assistive equipment. Although money cannot completely erase the effects of a birth injury it can provide the financial support the child needs to live a healthy and erb's palsy attorney fulfilling life. The majority of cases involving erb's syndrome settle before trial, so you must act fast.

Birth Injury

The emotional and financial burden of living with erb's palsy is immense. An Erb's Palsy settlement may aid families in paying for therapy, treatment and assistive devices. The brachial plexus is a group of nerves that are located in the arm of your child which provide sensation and coordinated movement to the hands and arms. A forceful pull during labor or delivery or the use or manipulation of instruments can cause nerve damage and cause Erb's Palsy. Injuries to the brachial nerve are considered medical malpractice if they are caused through the negligence of a medical professional or hospital staff.

Parents who prevail in their case will be awarded compensation for medical expenses such as physical therapy, occupational therapy and even surgery. To prove that a doctor is negligent the legal team will need to show that they didn't meet the standards of medical care. They must also demonstrate that this failure was a direct, proximate reason for the infant's birth injury.

In a lot of cases doctors will pull on the baby's neck or shoulder in order to guide them into the birth canal. This can cause strain on the neck nerves of the baby and cause a stroke on either or both sides. It is also common for a doctor to incorrectly use a vacuum extractor, or forceps during a difficult birth. This can force a baby into the birth canal, which can cause nerve damage.

Statute of Limitations

Parents whose child has erb's palsy may be eligible for compensation. However, there is a strict timeframe known as the statute of limitations that limit the time families have to file legal actions.

Generally, the statute of limitation begins on an individual's 18th birthday. If you believe that medical malpractice or negligence caused your child's Erb's Palsy it is imperative to consult an Erb's-Palsy lawyer right away to determine if you have the right to pursue a lawsuit.

Erb's Palsy is caused by damage to the brachial-plexus nerve system in the neck and shoulder. The most common cause of this injury is when a child's head gets trapped beneath the pelvic bone during the labor or delivery process and is referred to as shoulder dystocia. When medical professionals attempt to free a stuck infant in the womb, they may over-reach on the shoulders and the neck, which may damage the nerves that run through the arm.

A doctor or midwife should be able to anticipate any complications, such as shoulder dystocia, and understand how to safely deliver a baby without injuring it. If they fail to fulfill this obligation by putting pressure on the neck or shoulders too much, it could be considered negligent. Fortunately, those who suffer from medical malpractice can recover compensation to cover the medical bills of their child and ongoing treatment.

Filing an action

A lawyer can help a child who develops erb’s palsy because of medical negligence at birth, file a lawsuit. The lawyer will then sue the doctor or other medical personnel who caused the injury. Parents can get financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also help families achieve a sense of justice and closure.

The legal procedure for a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer feels the case is legal they will then send an official demand letter to defendants. The demand letter will outline the facts of the case as well a request for financial compensation.

During the discovery phase in the discovery phase, the legal team will gather evidence and talk with witnesses to construct a strong case. They will also submit a report to the court. The legal team of the defendants will analyze and respond to the claim.

Ideally, parties can reach a settlement that satisfies both parties. Not all cases are settled and many go to trial. During a trial, the jury and judge will listen to the arguments of both sides to decide on a winner. If the plaintiff wins the case they will be awarded a payout. If the plaintiff loses, he or is not eligible for compensation whatsoever.