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Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy costs. This kind of personal injury claim could help parents pay for the treatment of their child.
Inaccurate medical interventions during childbirth could cause abrasions or other injuries to the brachialplexus's nerves. Doctors often require force during delivery. 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 medical professionals' failure to adhere to their standard of care in a particular set of circumstances. This may include care that was not provided during pregnancy, failure to recognize the presence of a pregnancy-related issue (such as fetal macrosomia) or inability to perform C-sections as required.
Erb's palsy is caused by a condition affecting the brachial nerve that controls movement and sensations in the shoulder, arm and hand. It is often caused by traumatizing pull or stretch which tears or strains the nerves.
In most cases, the injuries that cause erb's palsy attorney Palsy are preventable. This is a common birth injury which parents aren't aware of. During the delivery process the parent is juggling many thoughts running through their minds and it is very difficult to notice signs of a mistake that could cause a serious medical error.
An experienced erb's palsy lawyer can help parents determine the cause of their child's illness caused by medical negligence. If so there is a possibility of a lawsuit being filed to recover money that can be used towards medical treatments and assistive devices. Money cannot undo the effects of birth injuries but it can provide a child with the financial resources they require to lead a happy and fulfilling life. The majority of cases involving erb's syndrome settle before trial, so it is imperative to act fast.
Birth Injury
Living with erb's palsy can be financially and emotionally draining. An Erb's-Palsy settlement could help families pay for therapy, treatment, and assistive devices. The brachialplexus is a collection of nerves located in your child's arm that provide a sense of touch and coordinated movement to the arms and hands. The nerves in this network can be damaged when you pull too hard during delivery or by using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused due to the negligence of a medical professional or hospital staff.
If a claim is successful parents can be awarded compensation for medical expenses, physical and occupational therapy, and even surgery. To show that a doctor is negligent the legal team must to prove that they didn't meet the requirements of medical care. They must also show that this negligence was a direct and proximate reason for the infant's birth injury.
In many instances doctors make the mistake of over-stretch the neck or shoulder of a newborn when attempting to get them through the birth canal. This can cause stretching of the nerves of the baby's neck and cause strokes that affect either or both sides of their head. During a difficult delivery it is common for the doctor to make use of forceps or a vacuum extractor to force the infant through the birth canal. This can result in nerve damage.
Statute of Limitations
Parents whose child suffers from erb's palsy may be eligible for compensation. There is a time limit, called the statutes of limitations, that restricts how long a family may engage in legal action.
The statute of limitations typically starts on the 18th birthday of an individual. Parents who believe that their child's erb's syndrome was caused by medical malpractice or negligence should consult an Erb's palsy lawyer as soon as they can to determine whether they are entitled to bring an action.
Erb's palsy is a condition that is caused by injury to the nerves' network in a baby's shoulder and neck, erb's palsy Lawyer referred to as the brachial plexus. Often, this injury occurs when a baby's head is stuck underneath the mother's pelvic bone during the labor or delivery process or delivery, a condition known as shoulder dystocia. When medical professionals attempt to remove a baby stuck or a child, they could pull too hard on their necks and shoulders and cause damage to the nerves of the arm.
A doctor or midwife must be able to anticipate problems, such as shoulder dystocia, and understand how to safely deliver a baby without injuring it. If they fail to meet this requirement by pulling too excessively on the neck or shoulders and neck, it could be deemed medical malpractice. The victims of medical malpractice can receive compensation for their child's ongoing care and medical bills.
Filing an action
If a baby is diagnosed with erb's syndrome due to negligent medical care during the delivery, an attorney may assist the baby to file lawsuits against the medical professional and other medical professionals accountable for his or her injury. Parents can seek financial compensation for medical bills and therapy, as well as assistive devices and lost wages through lawsuits. They can also assist families achieve a sense of justice and closure.
A no-cost consultation with a lawyer who has experience is the first step in the legal process. If the attorney believes the case is meritorious then they will issue a demand note to the defendants. The demand erb's palsy lawyer letter will contain the facts of the situation and an offer for compensation in the form of money.
During the discovery stage in the discovery phase, the legal team will collect evidence and interview witnesses to build an argument that is strong. The team will also file an official court report. The legal team of the defendants will analyze and respond to the claim.
Ideally, parties can reach an agreement that pleases both parties. However many cases do not come to a settlement and many will go to trial. In a court trial jurors and judges consider both sides' arguments in order to determine the winner. If the plaintiff is successful, he or she will be awarded a prize and the lawsuit will be concluded. If the plaintiff loses, he / she will not receive any payment at all.
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