Erb's Palsy Legal

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

Birth defects that are not properly addressed during the childbirth process can result in abrasions or other injuries to the brachial plexus nerves. Most doctors will need to apply pressure during the delivery, but if they use too much or underestimate the amount of pressure, it could result in injury.

Medical Malpractice

A medical malpractice claim is based on a healthcare professional's failure to perform their standard of care under a specific set of circumstances. This can include improper care during pregnancy, the inability to recognize an issue with pregnancy (such as fetal macrosomia) or inability to perform C-sections if needed.

Erb's Palsy Lawsuit Palsy is a condition that affects the brachial network of nerves that control movement and sensation in the shoulder, arm and hand. It is usually caused by a severe pull or stretch that tears or stretches the nerves.

In many cases, injuries that cause erb's palsy law firms paralysis are preventable. But, it's a very common birth injury that parents do not anticipate. During the delivery process there are many thoughts running through their head and it's easy to overlook signs of a mistake that could cause a serious medical mistake.

A seasoned lawyer for erb's palsy can help parents determine if their child's condition was caused by medical negligence. If it is it is possible to file a lawsuit filed to seek an amount of money to be used towards medical treatment and assistive devices. Money cannot undo the effects of birth injuries but it could give a child the financial assistance they require to live a full and happy life. Most erb's palsy lawsuits settle before trial, so it's imperative to act quickly.

Birth Injury

The financial and emotional strain of living with erb's palsy is immense. A settlement for Erb's palsy could help families pay for treatment, therapy, 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 hands and arms. This network of nerves can be damaged by pulling too hard during birth or using instruments. Brachial plexus injuries are considered medical malpractice if they were caused by the negligence of medical professional or hospital staff.

In a successful claim parents can be awarded compensation for medical expenses as well as occupational and physical therapy, as well as surgery. To demonstrate that a physician is negligent, the legal team needs to show that they failed to provide the requirements of medical care. They must also demonstrate that the failure was a direct and proximate cause of the infant's injury.

In many instances doctors make the mistake of push too hard on the baby's neck or shoulder when trying to pull them through the birth canal. This can cause strain on the neck nerves of the baby and result in a stroke on either or both sides. It is also typical for a doctor to inadvertently use a vacuum extractor or forceps in the event of a difficult birth to force a baby into the birth canal, which can cause nerve damage.

Statute of Limitations

Parents with children who has erb's parisis may be entitled to compensation. However, there is a strict deadline known as the statute limitations that limits how long families have to take legal action.

The statute of limitation generally starts on the 18th birthday of an individual. If you believe that medical malpractice or negligence caused your child's erb's palsy it is imperative to speak with an Erb's Palsy lawyer immediately to determine whether you have the right to pursue a lawsuit.

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

A midwife or doctor must be able of recognizing potential issues such as shoulder dystocia, and know how to safely deliver the baby without causing injury. If they violate this obligation by pulling too hard on the neck or the shoulders, it could be considered medical malpractice. Fortunately, the victims of medical malpractice can seek compensation to cover the medical bills of their child and ongoing medical care.

Filing a Lawsuit

An attorney can assist a child who develops erb’s palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will bring a lawsuit against the doctor or other medical professionals who caused the injury. Parents can receive financial compensation for medical expenses and therapy, as well as assistive devices and lost wages through lawsuits. They can also help families to feel a sense justice and closure.

A free consultation with a lawyer with experience is the first step in the legal process. If the lawyer feels the case is legitimate, they will send an order letter to the defendants. The demand letter should contain the facts of the case, as well as an appeal for compensation.

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

Ideally, parties will reach an agreement that is satisfactory for both parties. However, not all cases are settled, and some go to trial. During a court trial, a judge and jury will consider both sides' arguments to determine who wins. If the plaintiff wins the case, they will receive a payment. If the plaintiff loses, he / she will not receive any payment at all.