Erb's Palsy Legal

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

The complication of a medical error during childbirth can lead to abrasions and other injuries to the brachial plexus nerves. Most doctors will need to apply force during delivery however if they apply too much pressure or do not accurately gauge the amount of pressure, it could cause injury.

Medical Malpractice

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

Erb's spalsy is caused by a condition that affects the brachial nerve that controls the sensations and movement of the shoulder, arm, and hand. It is usually caused by a traumatic stretch or pull that tears or stretches the nerves.

In many cases, injuries that cause Erb's-Pallsy could be prevented. However, this is a very common birth injury that a lot of parents don't anticipate. During the birthing process, parents can be distracted by a myriad of things and can easily miss 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 malpractice. If this is the case, a lawsuit can be filed for an amount of money to cover medical treatments and assistive equipment. Although money cannot completely erase the effects of a birth injury, it can provide the financial help the child needs to live a full and healthy life. The majority of lawsuits involving erb's syphilis settle before going to trial, so it's important to act fast.

Birth Injury

The financial and emotional strain of living with erb's palsy is immense. An Erb's Palsy settlement may help families pay for therapy, treatments, and assistive devices. The brachialplexus comprises a network of nerves in your child's arm that provide sensory and coordinated movement to hands and arms. This nerve network could be damaged by pulling too hard during delivery or using instruments. Medical malpractice is a case of injuries to the brachialplexus are triggered through the negligence or inattention of a physician, nurse or hospital staff.

Parents who prevail in their case could be awarded compensation for medical expenses, physical therapy, occupational therapy and surgery. In order to prove that a doctor was negligent the legal team must prove that they failed to meet the standard of care. They must also prove that this negligence was a direct and immediate reason for the infant's birth injury.

In many instances, a doctor will mistakenly push too hard on the baby's neck or shoulder when trying to guide them through the birth canal. This action can stretch the nerves of the neck of the baby, causing strokes, which can affect the head on one or both sides of their head. In the event of a difficult birth it is normal for the doctor to utilize forceps or an extractor to force the infant through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents whose child has Erb's Palsy may be qualified for compensation. However there is a specific deadline known as the statute limitations, which limits the time families have to file legal actions.

Generally, the statute of limitations begins on an individual's 18th birthday. Parents who believe that their child's erb's paralysis was the result of medical malpractice or negligence should consult an Erb's palsy lawyer as soon as they can to determine whether they have the right to bring an action.

Erb's Palsy is caused due to damage to the brachial-plexus nervous system located in the neck and shoulder. This type of injury usually occurs when the baby's head is stuck between the pelvic bones during labor or the delivery. This condition is called shoulder dystocia. When medical professionals attempt to free a baby stuck in the process, they might pull too hard on their necks and shoulders, Erb's palsy lawyer damaging the nerves of the arm.

A doctor or midwife should be able to recognize potential problems such as shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they fail to meet this requirement by pulling too excessively on the neck or the shoulders this could be construed as medical malpractice. Medical malpractice victims may be eligible for compensation for ongoing medical care and medical expenses.

Filing an action

An attorney can aid those children who suffer from erb's palsy because of medical negligence in the birth process file a lawsuit. The lawyer will pursue the doctor or other medical caregivers that caused the injury. Legal action can help parents receive financial compensation to cover the cost of therapy, medical bills as well as assistive devices and lost wages. They can also give families the feeling of justice and closure.

A no-cost consultation with a seasoned lawyer is the first step in the legal process. If the attorney believes the case has merit the lawyer will send a demand letter to the defendants. The demand letter should contain the facts of the case as well the request for monetary compensation.

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

In a perfect scenario, the parties would agree to a settlement that was satisfactory to both sides. However, not all cases are settled, and some go to trial. During a trial, the jury and judge will hear the arguments of both sides to determine a winner. If the plaintiff wins, he or she will be paid a sum and the lawsuit will end. If the plaintiff loses, he or is not eligible for compensation whatsoever.