Erb's Palsy Legal

Legal action for Erb's palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This type of personal injuries claim will help parents pay for the medical bills for their child.

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 pressure during birth however if they apply excessive force or fail to gauge the amount of pressure they apply, it could cause injury.

Medical Malpractice

A medical malpractice claim is an accusation of medical professionals' failure to perform their standard of care in a certain set of circumstances. This can include improper care during pregnancy, failure to recognize the presence of a pregnancy-related issue (such as fetal macrosomia) or failure to perform C-sections as required.

Erb's palsy is a condition that affects the brachial network of nerves that control movement and sensation in the arm, shoulder and hand. It often results from an injury or a pull that stretches or tears the nerves.

In many instances, injuries that cause Erb's 'Palsy' can be prevented. However, this is an extremely common birth injury that parents do not anticipate. During the birthing process, parents can be distracted by many things, and it's easy to ignore warning signs that could lead to serious medical mistakes.

An experienced lawyer who specializes in erb's palsy lawyer paralysis can assist parents in determining if their child's condition was caused by medical negligence. If this is the situation, a suit can be filed to seek financial compensation to pay for medical treatments and assistive equipment. Although money cannot completely erase the effects of a birth injury, it can provide the financial help that a child requires to live a healthy and fulfilling life. Most erb's palsy lawsuits settle before trial, which is why it is 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 Lawsuit palsy will help families cover treatment, therapy and assistive devices. The brachialplexus comprises the group of nerves that runs along your child's arm. It provides sensation and coordinated movements to their hands and arms. This nerve network could be damaged if you pull too hard during birth or using instruments. Injuries to the brachial plexus are considered medical malpractice if they are caused by the negligence of a hospital or doctor.

Parents who win their case may be awarded compensation for medical bills as well as occupational therapy, physical therapy therapy and surgery. To prove that a doctor was negligent, the legal team needs to show that they did not meet the requirements of medical care. They must also prove that the failure was the main and primary reason for the birth injury.

In a lot of cases doctors mistakenly push too hard on an infant's neck or shoulder when attempting to get them through the birth canal. This could stretch the neck nerves of the infant and result in a stroke either or both sides. In the event of a difficult birth it is normal for the doctor to employ forceps or a vacuum extractor to force the baby through the birth canal. This can cause nerve damage.

Statute of Limitations

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

The statute of limitation generally starts at the age of 18 of an individual. Parents who believe their child's erb's-related palsy was caused by medical negligence or negligence ought to consult an erb's palsy lawsuit palsy lawyer as soon as possible to determine if they are entitled to file an action.

Erb's Palsy is caused due to damage to the brachial-plexus nervous system in the neck of the baby and shoulder. Most often, this injury occurs when a baby's head is stuck beneath the pelvic bone during the birth or labor, a condition known as shoulder dystocia. When medical professionals try to remove 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 to anticipate problems such as shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they violate this obligation by pulling too excessively on the neck or shoulders and neck, it could be deemed medical malpractice. Fortunately, the victims of medical malpractice are able to seek compensation to pay for their child's medical expenses and ongoing treatment.

Filing an action

A lawyer can help those who have children with erb's palsy due to medical negligence in the birth process file a lawsuit. The lawyer will then sue the doctor or other medical caregivers that caused the injury. The law suits can help parents obtain financial compensation to cover expenses for therapy, medical bills as well as assistive devices and lost wages. They can also provide families with the feeling of justice and closure.

The legal process for a lawsuit begins with a no-cost consultation with a seasoned lawyer. If the lawyer is convinced that a case has merit then they will issue a demand note to the defendants. The demand letter will include the details of the case as well as an appeal for compensation.

During the discovery phase the legal team will gather evidence and interview witnesses in order to create a convincing case. They will also submit a report to the court. The legal team of the defendants will then examine the claim and respond with their own.

In an ideal world, the parties would agree to an agreement that satisfied both sides. However, not all cases reach a settlement and many will go to trial. During a court trial, the jury and a judge will listen to both sides' arguments in order to determine the winner. If the plaintiff is successful, he or she will be paid a sum and the lawsuit will be concluded. If the plaintiff loses, the plaintiff won't be able to receive any compensation.