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 injury claim may help parents pay for the treatment of their child.

Birth-related medical errors can cause abrasions and other injuries to the nerves of the brachialplexus. 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 cause injury.

Medical Malpractice

A medical malpractice claim is based on the failure of a healthcare professional to provide the required care in a particular set of circumstances. This could include inadequate care during pregnancy, inability to identify any pregnancy-related issues (such as fetal macrosomia) or inability to perform C-sections if needed.

erb's palsy lawyer palsy is a disorder that affects the brachial plexus nerves that control movement and sensation in the arm, shoulder, and hand. It typically occurs due to traumatizing pull or stretch which tears or strains the nerves.

In many cases, the injuries that cause erb's Palsy can be prevented. But, it's a common type of birth injury that many parents don't anticipate. During the birthing process, parents are distracted by a myriad of things and it's easy to miss signs that could lead to serious medical mistakes.

An experienced lawyer for erb's syndrome can assist parents in determining whether their child's condition was caused by medical negligence. If this is the situation, a lawsuit could be filed to seek financial compensation to cover medical treatments and assistive devices. The money won't reverse the effects of birth injuries, but it can provide a child with the financial resources they require to live a full and happy life. Most erb's palsy lawsuits (Glamorouslengths blog entry) are settled before trial, which is why it is important to act fast.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. An Erb's palsy settlement can help families cover treatment, therapy and other devices. The brachial plexus is a group of nerves that are located in the arm of your child that provide sensation and coordinated movement to the hands and arms. This network of nerves can be damaged by pulling too hard during birth or by using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused by the negligence of hospital or doctor.

If a claim is successful, parents can receive the amount they owe for medical bills as well as occupational and physical therapy, and even surgery. In order to prove that a doctor was negligent, the legal team must demonstrate that they did not meet the standard of care. They must also prove that the negligence was a direct and significant cause of the infant's birth injury.

In a majority of cases doctors pull on the infant's shoulder or neck in order to guide them into the birth canal. This can stretch the neck nerves of the infant and cause a stroke to either or both sides. If the birth experience is difficult the norm is for doctors to employ forceps or a vacuum extractor to force the infant through the birth canal. This could cause nerve damage.

Statute of limitations

Parents whose child suffers from Erb's Palsy may be qualified for compensation. However there is a strict time frame known as the statute of limitations that restricts the time families are required to take legal action.

The statute of limitations typically commences at the age of 18 of an individual. If you believe that medical malpractice or negligence caused your child's erb's palsy it is essential to consult an Erb’s Palsy lawyer immediately to determine whether you have the legal right to sue.

Erb's palsy is a condition that results from damage to the network of nerves in the baby's shoulder and neck, referred to as the brachial plexus. This condition is typically caused by the child's head getting stuck beneath the pelvic bones during the labor or delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to extract a stuck infant in the womb, they may pull too hard on the shoulders and the neck, which damages the nerves that run through the arm.

A midwife or doctor must be able to anticipate any complications such as shoulder dystocia, as well as know how to safely deliver a baby without harming it. If they fail to fulfill this responsibility by pulling too excessively on the neck or shoulders this could be construed as medical malpractice. Fortunately, the victims of medical malpractice can recover compensation to pay for their child's medical expenses and ongoing care.

Filing an action

If a baby is diagnosed with erb's syndrome due to medical negligence during the birth, an attorney may assist the baby to file lawsuits against the doctor and other medical caregivers accountable for his or her injury. Parents can seek financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also give families an understanding of justice and closure.

The legal process for a lawsuit begins with a complimentary consultation with a seasoned lawyer. If the lawyer believes that a case has merit, they will send a demand letter to the defendants. The demand letter will contain the facts of the case and a request for compensation.

During the discovery phase, the legal team will gather evidence and interview witnesses to build a convincing case. The team will also file a court document. The legal team of the defendants will then look over and respond to the claim.

In a perfect scenario, the parties would reach a settlement which satisfied both sides. Not all cases are settled, and some go to trial. During a trial, the judge and jury will listen to both sides' arguments to decide on a winner. If the plaintiff wins, he will be paid a sum and the case will be closed. If the plaintiff loses, he or is not eligible for compensation at all.