erb's palsy attorney Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to seek compensation for medical bills as well as therapy costs. This type of personal injury claim can help parents pay for the treatment of their child.

Medical mistakes during child birth can lead to abrasions and other injuries to the brachial plexus nerves. Sometimes, doctors must apply pressure during the delivery but if they do it too much or underestimate the amount of pressure they apply, it could result in injury.

Medical Malpractice

A medical malpractice claim is caused by medical professionals' failure to provide the required care in a particular set of circumstances. This could be due to improper care during pregnancy, failure to recognize the presence of a pregnancy-related issue (such as fetal macrosomia) or inability to perform C-sections when needed.

Erb's Palsy is caused due to an illness that affects the brachial nerve, which controls the sensations and movement of the shoulder, arm and hand. It is often caused by a traumatic pull or stretch which tears or stretch the nerves.

In most cases, the injuries that cause erb's Palsy are avoidable. But, it's a very common birth injury that a lot of parents aren't prepared for. During the birthing process, parents can be distracted by a multitude of things and can easily ignore warning 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 caused by medical negligence. If this is the case, a lawsuit can be filed to seek an amount of money to cover medical treatments and assistive devices. Although money cannot erase the effects of a birth injury, it can provide the financial assistance a child needs to live a full and healthy life. The majority of erb's palsy attorneys palsy lawsuits are settled before going to trial, therefore it is essential to act fast.

Birth Injury

Living with erb's syndrome can be emotionally and financially draining. An Erb's-Palsy settlement could aid families in paying for treatment, therapy, and assistive devices. The brachialplexus is a collection of nerves in the arm of your child that provide sensory and coordinated movement to hands and arms. This network of nerves can be damaged when you pull too hard during birth or Erb's palsy attorney using instruments. Medical malpractice is a case of injuries to the brachialplexus result due to the negligence or carelessness of a physician, nurse or hospital personnel.

Parents who prevail in their case will be awarded compensation for medical bills as well as occupational therapy, physical therapy therapy, and surgery. To prove that a doctor was negligent the legal team has to prove that they did not meet the standards of care. They must also demonstrate that the negligence was the primary and most direct reason for the birth injury.

In many cases doctors will pull on the infant's shoulder or neck in an attempt to bring them into the birth canal. This can stretch the neck nerves of the infant and result in a stroke on either or both sides. It is also common for a doctor to incorrectly utilize a vacuum extractor or forceps during a difficult birth to force a child through the birth canal, which could cause nerve damage.

Statute of limitations

Parents who have a child who has erb's parisis may be entitled to compensation. There is a deadline, called the statutes of limitations, that limits the time a family can engage in legal action.

Generally speaking, the statute of limitations is set on an individual's 18th birthday. Parents who believe that their child's erb's paralysis was caused by medical malpractice or negligence should speak with an attorney who specializes in Erb's palsy as soon as they can to determine whether they are entitled to bring an action.

Erb's Palsy is caused due to damage to the brachial plexus nerve in the baby's neck and shoulder. This type of injury usually occurs when the baby's head is stuck under the mother's pelvic bones during labor or delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to remove a stuck infant, they can over-reach on the shoulders and the neck, which damages the nerves that run through the arm.

A midwife or doctor should be able to recognize potential issues like shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they violate this requirement by putting pressure on the neck or shoulders too hard this could be construed as negligence. Medical malpractice victims may be eligible for compensation for ongoing medical care and medical expenses.

Filing a Lawsuit

An attorney can assist a child who develops erb’s palsy as a result 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 may be able to receive financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also provide families with an understanding of justice and closure.

The legal process for a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer is convinced that the case has merit and merits a lawsuit, they will send a demand letter to the defendants. The demand letter should contain the facts of the case along with an appeal for compensation.

During the discovery process the legal team will collect evidence and interview witnesses in order to construct a strong case. They will also present an account to the court. The defendants' legal team will then look over the claim and make a response of their own.

In an ideal world, the parties would come to a settlement which satisfied both parties. Not all cases are settled and many go to trial. In a court trial jurors and judges hear both sides' arguments to determine who wins. If the plaintiff wins, he will be awarded a prize and the case will be closed. If the plaintiff loses, he / she will not receive any payment at all.