Erb's Palsy Legal

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

The birth of a child can cause abrasions or other injuries to the brachialplexus's nerves. Most doctors will need to apply force during delivery but if they do it too much or underestimate the amount of pressure, it could result in an injury.

Medical Malpractice

A medical malpractice claim is based on the failure of a healthcare professional to adhere to their standard of care in a particular set of circumstances. This could be due to improper care during pregnancy, inability to identify the presence of a pregnancy-related issue (such as fetal macrosomia) or failing to perform C-sections when needed.

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

In a majority of cases, the injuries that cause erb's palsy are avoidable. But, it's a common type of birth injury that many parents aren't prepared for. During the birthing process, parents can be distracted by a myriad of things and it's very easy to miss the signs that could lead to serious medical mistakes.

An experienced erb's Palsy attorney can assist parents to determine if the 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 treatment and assistive equipment. Although money cannot completely erase the effects of a birth injury it can provide the financial support the child needs to live a full life. Most erb’s palsy cases settle before trial, so you should act quickly.

Birth Injury

Living with erb's syndrome can be emotionally and financially draining. A settlement for Erb's palsy can help families pay for treatment, therapy and other devices. The brachialplexus comprises the group of nerves that runs along your child's arm. It provides sensation and coordinated movements to their arms and hands. The nerves in this network can be damaged by pulling too hard during delivery or by using instruments. Injuries to the brachial plexus are considered medical malpractice if they were caused by the negligence of doctor or hospital staff.

Parents who win their case can be awarded compensation for medical expenses such as physical therapy, occupational therapy and even surgery. In order to prove that the doctor was negligent, the legal team must prove that they did not meet the standard of care. They must also demonstrate that the negligence was a direct and significant cause of the infant's injury.

In many cases doctors make the mistake of pull too hard on the shoulder or neck of an infant when trying to guide them through the birth canal. This action can stretch the nerves in the neck of the infant and trigger strokes that affect the head on one or both sides of their head. It is also common for a physician to improperly use a vacuum extractor, or forceps during a difficult birth. This can force a baby through the birth canal, which could cause nerve damage.

Statute of limitations

Parents of children who has erb's parisis may be entitled to compensation. There is a time limit, called the statutes of limitations, that restricts how long a family can take legal action.

Generally, the statute of limitation begins on the 18th birthday of an individual. If you suspect that negligence or medical malpractice caused your child's erb's palsy it is imperative to speak with an Erb's Palsy lawyer immediately to determine whether you have the legal right to sue.

erb's palsy lawsuits palsy is a condition that is caused by injury to the nerve system in the baby's shoulder and neck, known as the brachial plexus. Often, this injury occurs when a baby's head is stuck under the pelvic bone during the birth or labor or delivery, a condition known as shoulder dystocia. When medical professionals attempt to extract a stuck infant, they can pull too hard on the shoulders and neck, which may damage the nerves that run through the arm.

A doctor or midwife must be able to anticipate any complications like shoulder dystocia and know how to safely give birth without injury to it. If they fail to fulfill this responsibility by pulling too hard on the neck or shoulders and neck, it could be deemed medical malpractice. Medical malpractice victims may be eligible for compensation for the ongoing care of their child and medical expenses.

Filing a Lawsuit

If a baby is diagnosed with erb's syndrome due to negligent medical care during the delivery, an attorney could assist the baby to file an action against the doctor and other medical caregivers responsible for their injury. Lawsuits can assist parents in obtaining financial compensation to cover the cost of therapy, medical bills as well as assistive devices and lost wages. They can also provide families with the feeling of justice and closure.

A free consultation with a lawyer with experience is the first step in the legal process. If the attorney feels that the case is legitimate, they will send an official demand letter to defendants. The demand letter will contain the details of the case as well as a request for monetary compensation.

During the discovery process the legal team will gather evidence and talk to witnesses to establish a solid case. The team will also submit an official court report. The legal team of the defendants will examine and respond to the claim.

In an ideal world, the parties would reach an agreement that is satisfactory for both sides. However there are cases that do not reach an agreement, and some will go to trial. In a trial, the judge and jury will hear both sides' arguments to determine a winner. If the plaintiff wins the case they will receive an amount. If the plaintiff loses, he or will not receive any compensation whatsoever.