Erb's Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to seek reimbursement for medical bills and therapy expenses. This type of personal injury claim may help parents pay for their child's care.

Medical errors during childbirth can cause abrasions and other injuries to the nerves of the brachialplexus. Doctors often require pressure during the birth. However when they apply excessive pressure or don't know how much pressure is needed this could cause an injury.

Medical Malpractice

A medical malpractice claim is an accusation of the failure of a healthcare professional to adhere to their standard of care under a specific set of circumstances. This could be due to improper care during pregnancy, failure to recognize any pregnancy-related issues (such as fetal macrosomia), or failures to perform C-sections when necessary.

Erb's syndrome is a condition that affects the brachial plexus nerves that regulate movement and sensation in the shoulder, arm, and hand. It often results from a traumatic pull or stretch that causes tears or stretching of the nerves.

In many instances, injuries that cause Erb's palsy can be prevented. However, it is an uncommon birth injury that a lot of parents don't expect. During the birthing process, parents are distracted by a multitude of things and can easily overlook the signs that could lead to serious medical errors.

An experienced erb's palsy lawyer can assist parents in determining if their child's condition was caused by medical negligence. If this is the situation, a lawsuit could be filed for the financial compensation needed to pay for medical treatments and assistive equipment. Although money cannot completely erase the effects of a birth injury, it could provide the financial aid a child needs to live a healthy and fulfilling life. The majority of cases involving erb's palsy law firms syphilis settle before trial, so it is imperative to act fast.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. An Erb's Palsy settlement may help families pay for treatment, therapy, and assistive devices. The brachialplexus is a nerve system that runs along the arm of your child. It gives sensation and coordinated movements to their hands and arms. This nerve network could be damaged if you pull too hard during delivery or using instruments. Injuries to the brachial nerve are considered medical malpractice if they were caused by the negligence of a medical professional or hospital staff.

If a claim is successful parents could receive compensation for medical expenses, physical and occupational therapy as well as surgery. To prove that a doctor was negligent, the legal team needs to demonstrate that they didn't meet the standards of medical care. They must also demonstrate that the error was the direct and proximate cause of the birth injury.

In many cases, doctors will pull on the neck or shoulder of the infant when they are trying to get them into the birth canal. This can strain the nerves in the neck of the baby, causing strokes that affect the head on one or both sides of their head. It is also common for a doctor to inadvertently use a vacuum extractor forceps during a difficult birth. This can force a baby into the birth canal, which can cause nerve damage.

Statute of Limitations

Parents whose child suffers from Erb's Palsy may be entitled to compensation. There is a deadline, called the statutes of limitations, that limits how long a family may pursue legal action.

The statute of limitations generally commences at the age of 18 of an individual. Parents who believe their child's erb's-related palsy was the result of medical malpractice or negligence must consult an Erb's palsy lawyer as soon as possible to determine whether they are entitled to bring a lawsuit.

Erb's Palsy is caused due to damage to the brachial-plexus nerve system in the neck of the baby and shoulder. Typically, this type of injury occurs when a baby's head is stuck beneath the pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals attempt to remove a stuck baby, they may pull too hard on their shoulders and neck and cause damage to the nerves of the arm.

A midwife or doctor should be able to anticipate issues like shoulder dystocia, and know how to safely deliver the baby without causing injury. If they breach this duty by putting pressure on the neck or shoulders excessively this could be construed as negligence. Fortunately, victims of medical malpractice can claim compensation to cover the medical bills of their child as well as ongoing treatment.

Filing a Lawsuit

If a baby is diagnosed with erb's palsy lawyers syndrome due to medical negligence during delivery, an attorney could assist the baby to file an action against the medical professional and other medical professionals responsible for his or her injury. Parents can receive financial compensation for medical expenses and therapy, as well as assistive devices and lost wages through lawsuits. They also provide families with a sense justice and closure.

The legal process for a lawsuit begins with a free consultation with a knowledgeable lawyer. If the lawyer believes the case is valid they will then send an order letter to the defendants. The demand letter will include the details of the case and a request for compensation.

In the discovery phase, the legal team will gather evidence and talk to witnesses to build a solid case. They will also submit a report to the court. The legal team of the defendants will review the case and then respond with their own.

In a perfect world the parties could reach a settlement that was satisfactory to both parties. However it is not always the case that cases reach an agreement and a lot of cases end up going to trial. During a court trial, jurors and judges examine both sides' arguments in order to determine who wins. If the plaintiff wins the case they will receive a payout. If the plaintiff loses, he or she will not receive any compensation whatsoever.