Erb's Palsy Legal

Erb's palsy legal involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy expenses. This kind of personal injury claim will help parents pay for the medical bills for their child.

Inaccurate medical interventions during childbirth could result in abrasions or other damage to the brachialplexus's nerves. In many cases, doctors have to apply force during delivery but if they do it too much pressure or do not accurately gauge the pressure needed, it could result in injury.

Medical Malpractice

A medical malpractice claim is based on a healthcare professional breaching their standards of care in the context of a particular set of circumstances. This could include inadequate care during pregnancy, the inability to recognize an issue with pregnancy (such as fetal macrosomia) or inability to perform C-sections when needed.

Erb's spalsy is caused by a condition that affects the brachial nerve network that regulates the movement and sensations of the arm, shoulder, and hand. It is often caused by a traumatizing stretch or pull that tears or strains the nerves.

In many cases, injuries that cause Erb's 'Palsy' can be avoided. It is a common birth defect that parents aren't aware of. During the birthing process, parents are distracted by a variety of things and it's very easy to ignore warning signs that could lead to serious medical errors.

An experienced erb’s palsy attorney can assist parents to determine if their child's condition is a result of medical malpractice. If this is the case, a lawsuit may be filed for financial compensation to pay for medical treatments and assistive equipment. Money can't undo the harms of birth injuries but it can give a child the financial resources they require to live a fulfilled life. The majority of cases involving erb's syndrome settle before trial, therefore you should act quickly.

Birth Injury

The financial and emotional strain of living with erb's palsy lawsuits syndrome is immense. A settlement with Erb's syndrome can assist families with therapies, treatments and assistive devices. The brachialplexus comprises the nerve system that runs through your child's arm. It provides sensation and coordinated movements to their arms and hands. Forceful pulling during labor or delivery or the use of instruments may cause nerve damage and cause Erb's Palsy. Medical malpractice is considered when injuries to the brachialplexus are caused by the carelessness or negligence of a doctor, nurse or hospital personnel.

Parents who prevail in their case can receive compensation for medical bills as well as occupational therapy, physical therapy therapy and surgery. In order to prove that a doctor was negligent the legal team has to show that they failed to meet the standards of care. They must also prove that this failure was a direct, proximate reason for the infant's birth injury.

In many instances doctors pull on the baby's neck or shoulder in an attempt to bring them into the birth canal. This could stretch the nerves of the neck of the baby, causing strokes that affect either or both sides their head. In the event of a difficult birth it is common for a doctor to employ forceps or a vacuum extractor to push the child through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents of children with erb's paralysis may be entitled to compensation. However there is a strict deadline known as the statute limitations, which limits the time families have to file legal actions.

Generally speaking, the statute of limitations is set when an individual turns 18. Parents who believe that their child's erb's-related palsy was caused by medical malpractice or negligence must consult an Erb's palsy lawyer promptly to determine if they are entitled to bring a lawsuit.

Erb's Palsy is caused due to damage to the brachial-plexus nervous system located in the neck and shoulder. Most often, this injury occurs when a child's head becomes stuck beneath the pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals attempt to free a stuck infant or a child, they may over-reach on the shoulders and neck, which may damage the nerves of the arm.

A midwife or doctor should be able to recognize potential problems such as shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they violate this obligation by pulling too heavily on the neck or the shoulders and neck, it could be deemed medical malpractice. Fortunately, those who suffer from medical malpractice can seek compensation to pay for the medical bills of their child as well as ongoing medical care.

Filing a Lawsuit

An attorney can assist those children who suffer from erb's palsy due to medical negligence during birth file a lawsuit. The lawyer will sue the doctor or other medical providers who caused the injury. Parents can seek financial compensation for medical expenses as well as therapy, assistive devices and lost wages through lawsuits. They can also help families to feel a sense justice and closure.

The legal procedure for a lawsuit begins with a free consultation with a knowledgeable lawyer. If the attorney feels that the case is legitimate they will then send an order letter to the defendants. The demand letter will contain the facts of the case as well as an appeal for compensation.

During the discovery stage, the legal team will collect evidence and interview witnesses to construct a strong case. They will also present a report to the court. The legal team of the defendants will look over and respond to the claim.

In a perfect scenario, the parties would agree to an agreement that is satisfactory for both parties. However, not all cases are settled, and many are sent to trial. In a court trial the jury and judge will examine both sides' arguments in order to determine the winner. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses, he / won't receive any payment at all.