Erb's Palsy Legal

Erb's palsy legal involves the filing of an insurance claim or lawsuit to recover compensation for medical bills as well as therapy costs. This kind of personal injury claim may aid parents in paying for the treatment of their child.

Inaccurate medical interventions during childbirth could result in abrasions or other damage to the nerves of the brachialplexus. In many cases, doctors have to apply pressure during birth however if they apply too much pressure or do not accurately gauge the amount of pressure applied, it could result in an injury.

Medical Malpractice

A medical malpractice claim is based on a healthcare professional breaching their standards of care in the context of a particular set of circumstances. This could include inadequate care during pregnancy, the inability to recognize the presence of a pregnancy-related issue (such as fetal macrosomia) or failure to perform C-sections if needed.

Erb's Palsy is caused due to a condition that affects the brachial nerve system that controls movement and sensations in the arm, shoulder, and hand. It typically occurs due to a traumatic pull or stretch that tears or stretches the nerves.

In many cases, injuries that cause Erb's 'Palsy' can be prevented. This is a common birth defect which parents aren't aware of. During the birthing process, parents are distracted by a multitude of things, and it's easy to overlook signs that could lead to serious medical mistakes.

An experienced lawyer who specializes in erb's paralysis can assist parents in determining whether their child's condition is caused by medical negligence. If so, a lawsuit may be filed to seek an amount of money to be used towards medical treatments or assistive devices. Money can't undo the harms of birth injuries but it could provide a child with the financial support they need to live a full and happy life. The majority of erb's palsy lawsuits end up being settled before going to trial, which is why it is important to act fast.

Birth Injury

Living with erb's syndrome can be financially and emotionally draining. A settlement for Erb's palsy could aid families in paying for therapy, treatment and assistive devices. The brachialplexus comprises a network of nerves that are located in the arm of your child that provide sensory and coordinated movement to the arms and hands. This network of nerves can be damaged by pulling too hard during delivery or using instruments. Medical malpractice can be considered if injuries to the brachialplexus are caused due to the negligence or carelessness of a nurse, doctor, or hospital staff.

Parents who win their case can receive compensation for medical bills and physical therapy, occupational therapy, and surgery. To prove that a doctor was negligent the legal team has to show that they failed to meet the standards of care. They must also show that the negligence was a direct and proximate cause of the infant's birth injury.

In many instances, a doctor will mistakenly pull too hard on the neck or shoulder of a newborn when trying to guide them through the birth canal. This can cause stretching of the nerves of the neck of the baby, causing strokes that affect either or both sides of their head. In the event of a difficult birth it is common for doctors to make use of forceps or Erb's palsy a vacuum extractor to force the infant through the birth canal. This can cause nerve damage.

Statute of Limitations

Parents who have a child who has erb's parisis may be entitled to compensation. However, there is a strict timeframe known as the statute of limitations that restricts the time families have to pursue legal action.

Generally speaking, the statute of limitations begins when an individual turns 18. If you suspect that negligence or medical malpractice caused your child's Erb's Palsy it is imperative to consult an Erb’s Palsy lawyer immediately to determine whether you are entitled to sue.

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

A midwife or doctor should be able anticipate complications, such as shoulder dystocia, and understand how to safely deliver a baby without harming it. If they violate this obligation by pulling too heavily on the neck or shoulders or the shoulders, it could be considered medical malpractice. Medical malpractice victims may be eligible for compensation for their child's ongoing care and medical bills.

Filing an action

An attorney can assist the child who is diagnosed with erb's palsy because of medical negligence during birth file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical caregivers that caused the injury. Legal action can help parents receive financial compensation to cover the cost of therapy, medical bills as well as assistive devices and Erb's palsy lost wages. They can 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 a seasoned lawyer. If the attorney believes a case has merit then they will submit a demand to the defendants. The demand letter will include the details of the case as well as a request for compensation.

During the discovery phase the legal team will gather evidence and interview witnesses to build a strong case. The team will also submit a court document. The legal team of the defendants will then examine and respond to the claim.

In the ideal scenario, parties will reach an agreement that is acceptable to both sides. Not all cases are resolved and a lot go to trial. During a trial, the judge and jury will listen to the arguments of both sides to determine a winner. If the plaintiff wins the case they will receive an amount. If the plaintiff loses, he or she will not receive any payment at all.