Erb's Palsy Legal

Legal action for Erb's palsy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This type of personal injuries claim could help parents pay their child's medical bills.

The birth of a child can cause abrasions or other injuries to the brachialplexus's nerves. Often doctors need to apply pressure during the delivery, but if they use too much or underestimate the amount of pressure applied, it could result in an injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional's breaching their standard of care under certain circumstances. This could be due to improper care during pregnancy, failure to recognize any pregnancy-related issues (such as fetal macrosomia) or failing to perform C-sections as required.

erb's Palsy Attorneys Palsy is caused by a condition that affects the brachial nerve system that controls the sensations and movement of the arm, shoulder, and hand. It is often caused by traumatizing pull or stretch which tears or strains the nerves.

In many cases, the injuries that cause Erb's 'Palsy' can be prevented. It is an extremely common birth injury that the majority of parents aren't aware of. During the birthing process, parents are distracted by a variety of things and it's easy to overlook warning signs that could lead to serious medical mistakes.

An experienced lawyer for erb's syndrome can assist parents in determining if the child's condition is caused by medical negligence. If this is the situation, a suit can be filed for an amount of money to cover medical treatments and assistive devices. Although money cannot erase the effects of a birth injury, it could provide the financial aid that a child requires to live a full and healthy life. The majority of cases involving erb's syndrome settle before trial, so you must act quickly.

Birth Injury

The financial and emotional strain of living with erb’s palsy is significant. A settlement for Erb's palsy could help families pay for therapy, treatment, and assistive devices. The brachialplexus is a nerves that run along your child's arm. It provides sensation and coordinated movements to their hands and arms. Forceful pulling during labor and delivery or the use of instruments may cause damage to this nerve network and cause Erb's paralysis. Brachial plexus injuries are considered medical malpractice if they were caused through the negligence of a hospital or medical professional.

In the event of a successful case parents may be awarded compensation that covers medical bills, physical and occupational therapy, and even surgery. In order to prove that the doctor was negligent the legal team has to prove that they did not meet the standards of care. They must also prove that this negligence was a direct and proximate cause of the infant's injury.

In a majority of cases doctors mistakenly pull too hard on the shoulder or neck of an infant when trying to pull them through the birth canal. This could stretch the neck nerves of the infant and result in a stroke on one or both sides. It is also typical for a doctor to incorrectly use a vacuum extractor forceps in the event of 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. However there is a specific timeframe known as the statute of limitations that limits how long families are required to take legal action.

Generally speaking, the statute of limitation begins on the 18th birthday of an individual. Parents who believe that their child's erb's-related palsy was caused by medical malpractice or negligence must consult an attorney for the Erb's syndrome as soon as possible to determine whether they have the right to file an action.

Erb's palsy is a condition which is caused by damage to the network of nerves in the baby's shoulder and neck, known as the brachial plexus. This injury is often caused by the child's head getting stuck beneath the pelvic bones during the labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to remove a child who is stuck and head, they can over-reach their shoulders and neck, damaging the nerves of the arm.

A midwife or doctor must be able to anticipate issues like shoulder dystocia, and know how to safely deliver the baby without causing injury. If they fail to fulfill this obligation by pulling on the neck or shoulders excessively this could be construed as negligent. Fortunately, those suffering from medical malpractice can recover compensation to pay for their child's medical expenses and ongoing medical care.

Filing an action

If a baby develops erb's palsy as a result of medical negligence during birth an attorney could help the baby file an action against the medical professional and other medical professionals responsible for his or her injury. Lawsuits can help parents get financial compensation for the cost of therapy, medical bills as well as assistive devices and lost wages. They can also help families feel a sense of justice and closure.

A free consultation with a lawyer who has experience is the first step in the legal process. If the attorney feels that the case is a valid one the lawyer will issue an official demand letter to defendants. The demand letter should contain the details of the case as well as a request for monetary compensation.

During the discovery phase during the discovery phase, the legal team will collect evidence and speak with witnesses to create a convincing case. They will also submit a report to the court. The legal team of the defendants will then review and respond to the claim.

In a perfect world the parties would come to an agreement that is satisfactory for both parties. Some cases are not settled, and many are sent to trial. In a trial the judge and jury will hear both sides' arguments to decide who is the winner. If the plaintiff wins, he will be paid a sum and the lawsuit will come to a close. If the plaintiff loses then the plaintiff will not receive any money.