Erb's Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to claim compensation for medical bills and therapy expenses. This kind of personal injury claim will help parents pay for the medical bills of their child.

The birth of a child 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 do it too much or underestimate the amount of pressure, it could cause injury.

Medical Malpractice

A medical malpractice claim is based on medical professionals' failure to perform their standard of care in a particular set of circumstances. This can include improper care during pregnancy, failure to recognize the presence of a pregnancy-related issue (such as fetal macrosomia), or failures to perform C-sections when needed.

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 a traumatic 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 most parents are not aware of. During the birthing process, parents can be distracted by a myriad of things and can easily overlook indications that could lead to serious medical errors.

An experienced Erb's Palsy Attorneys Palsy attorney can assist parents in determining if the child's condition is a result of medical negligence. If so the lawsuit could be filed to seek an amount of money to be used towards medical treatments or assistive devices. Money cannot undo the effects of birth injuries but it can provide a child with the financial aid they need to live a fulfilled life. The majority of erb's palsy lawsuits settle before going to trial, therefore it is essential to act fast.

Birth Injury

The experience of living with erb's palsy could be emotionally and financially draining. Settlements for erb's Palsy attorneys Erb's Palsy may help families pay for therapy, treatments, and assistive devices. The brachialplexus is a collection of nerves that are located in the arm of your child which provide sensation and coordinated movement to hands and arms. Instability during labor and birth or the use of instruments can harm this nerve system and cause Erb's palsy. Medical malpractice is the term used when injuries to the brachialplexus result by the negligence or carelessness of a physician, nurse or hospital staff.

Parents who prevail in their case can be awarded compensation for medical expenses such as physical therapy, occupational therapy as well as surgery. To prove that a doctor is negligent, the legal team needs to prove that they failed to meet the standard of medical treatment. They must also show that the error was the main and primary cause of the birth injury.

In a majority of cases doctors pull on the baby's neck or shoulder when trying to get them into the birth canal. This could stretch the neck nerves of the baby and cause a stroke on one or both sides. It is also common for a doctor not to properly utilize a vacuum extractor or forceps during a difficult birth to force a baby into the birth canal, which can cause nerve damage.

Statute of limitations

Parents whose child suffers from erb's syndrome may be entitled to compensation. There is a deadline, called the statutes of limitations, which limits the time a family can legally pursue legal action.

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

Erb's Palsy is caused due to damage to the brachial-plexus nerve system in the neck and shoulder. This injury is often caused when the baby's head is stuck between the pelvic bones during labor or birth. This condition is called shoulder dystocia. When medical professionals attempt to extract a stuck infant or a child, they may force too much pressure on the shoulders and the neck, which causes damage to the nerves in the arm.

A midwife or doctor must be able to spot potential issues such as shoulder dystocia and be able to safely deliver the baby without causing injury. If they fail to fulfill this responsibility by pulling too heavily on the neck or the shoulders, it could be considered medical malpractice. The victims of medical malpractice can receive compensation for their child's ongoing care and medical expenses.

Filing an action

If a baby develops erb's palsy due to negligent medical care during the delivery, an attorney may aid the child in filing an action against the doctor and other medical personnel accountable for his or her injury. Parents can seek financial compensation for medical bills, therapy, assistive devices and lost wages through lawsuits. They can also assist families to feel a sense justice and closure.

The legal procedure for a lawsuit begins with a free consultation with an experienced lawyer. If the lawyer believes the case is meritorious then they will issue a demand note to the defendants. The demand letter will include the facts of the case as well the request for monetary compensation.

During the discovery process, the legal team will collect evidence and interview witnesses to establish a solid case. They will also submit an account to the court. The legal team of the defendants will then examine and respond to the claim.

In a perfect world the parties could reach an agreement that is satisfactory for both sides. However, not all cases are settled and many go to trial. In a trial the judge and jury will hear both sides' arguments to determine who wins. If the plaintiff succeeds, the plaintiff will be paid a sum and the lawsuit will be closed. If the plaintiff loses, he / will not receive any payment at all.