Erb's Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to recover reimbursement for medical bills and therapy costs. This kind of personal injury claim can help parents pay the medical bills for their child.

The complication of a medical error during childbirth could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors are often required to apply pressure during the delivery. However, if they apply too much pressure or do not know how much pressure is needed this could cause an injury.

Medical Malpractice

A medical malpractice claim centers on a healthcare professional's breaching their standard of care under the context of a particular set of circumstances. This could include inadequate prenatal care, an inability to detect a pregnancy problem (such as fetal macrosomia) or failing to perform a Csection when necessary.

erb's palsy lawsuit syndrome is a condition that affects the brachial nerves that regulate movement and sensation in the shoulder, arm and hand. It is usually caused by a painful pull or stretch that tears or stretches the nerves.

In many cases, injuries that cause erb's Palsy are preventable. However, this is a very common birth injury that parents don't expect. In the process of birth there are many thoughts running through their mind and it's easy to miss the signs of an error which could result in an unintentional medical error.

An experienced erb's palsy lawyer can help parents determine the cause of their child's illness due to medical negligence. If this is the situation, a lawsuit could be filed for the financial compensation needed to pay for medical treatments and assistive devices. It is not able to reverse the consequences of birth injuries but it could give a child the financial support they need to live a fulfilling life. Most erb’s palsy cases are settled before trial, so you should act quickly.

Birth Injury

The financial and emotional strain of living with erb's palsy is considerable. An erb's palsy law firm palsy settlement can help families cover therapies, treatments 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. A forceful pull during labor and delivery or the use or manipulation of instruments can cause nerve damage and lead to the development of 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 could be awarded compensation for medical bills as well as occupational therapy, physical therapy therapy and even surgery. In order to prove that the doctor was negligent the legal team must prove that they did not meet the standards of care. They must also show that the failure was a direct and proximate cause of the infant's birth injury.

In a majority of cases doctors make the mistake of pull too hard on the baby's neck or shoulder when trying to pull them through the birth canal. This can cause stretching of the nerves of the neck of the baby and cause strokes that affect one or both sides of their head. During a difficult delivery it is common for a doctor to utilize forceps or an extractor to push the child through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents whose child suffers from Erb's palsy could be eligible for compensation. There is a time limit known as the statutes limitations, that restricts the length of time that a family can engage in legal action.

The statute of limitations generally starts on the 18th birthday of an individual. Parents who believe that their child's erb's palsy was caused by medical malpractice or negligence must consult an Erb's palsy lawyer as soon as possible to determine whether they have the right to file an action.

Erb's Palsy is caused due to damage to the brachial plexus nerve in the neck and shoulder. Often, this injury occurs when a child's head becomes stuck underneath the mother's pelvic bone during labor or birth which is known as shoulder dystocia. When medical professionals attempt to remove a baby stuck, they may push too hard on their shoulders and neck and cause damage to the nerves of the arm.

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

Filing a Lawsuit

A lawyer can help the child who is diagnosed with erb's palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will take action against the doctor or any other medical caregivers that caused the injury. Parents can seek financial compensation for medical expenses as well as therapy, assistive devices and erb's Palsy lawsuit lost wages through lawsuits. They can also assist families achieve a sense of justice and closure.

The legal process for filing a lawsuit begins with a no-cost consultation with a seasoned lawyer. If the lawyer believes the case has merit and merits a lawsuit, they will send a demand letter to the defendants. The demand letter will include the facts of the case 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 talk with witnesses to construct a strong case. They will also present a report to the court. The legal team of the defendants will then look over the claim and then respond with their own.

In the ideal scenario, parties will reach an agreement that is acceptable to both parties. However, not all cases are settled and many go to trial. During a court trial, a judge and jury will consider both sides' arguments to decide who will win. If the plaintiff succeeds, the plaintiff will receive a payout and the case will come to a close. If the plaintiff loses then the plaintiff won't be able to receive any compensation.