Erb's Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to recover compensation for medical bills as well as therapy costs. This kind of personal injury claim can assist parents in paying their child's medical bills.

The birth of a child can cause abrasions, or other injuries to the brachialplexus's nerves. In many cases, doctors have to apply force during delivery, but if they use excessive force or fail to gauge the amount of pressure, it could result in an injury.

Medical Malpractice

A medical malpractice claim is an accusation of the failure of a healthcare professional to provide the required care in a certain set of circumstances. This may include care that was not provided 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 law firms Palsy is caused due to a condition that affects the brachial nerve, which controls movement and sensations in the shoulder, arm, and hand. It typically occurs due to traumatizing pull or stretch that stretches or tears the nerves.

In many cases, injuries that cause erb's syndrome are avoidable. However, it is a common type of birth injury that parents aren't prepared for. During the delivery process the parent is juggling many thoughts running through their heads and it's quite easy to miss the signs of an error which could result in an injury that is serious to the medical system.

An experienced erb's Palsy attorney can assist parents in determining whether the child's condition is caused by medical malpractice. If so the lawsuit could be filed to seek financial compensation that can go towards medical treatments or assistive devices. Although money cannot erase the effects of birth injuries, it could provide the financial aid a child needs to live a fulfilling life. The majority of cases involving erb's palsy settle before trial, therefore you should act quickly.

Birth Injury

Living with erb's syndrome can be emotionally and financially draining. An Erb's-Palsy settlement could aid families in paying for treatment, therapy, and assistive devices. The brachialplexus is the nerve system that runs along your child's arm. It provides sensation and coordinated movements to their arms and hands. This network of nerves can be damaged if you pull too hard during delivery or by using instruments. Medical malpractice is the term used when injuries to the brachialplexus occur by the negligence or carelessness of a nurse, doctor or hospital staff.

In the event of a successful claim parents can be awarded compensation for medical expenses, physical and occupational therapy, and even surgery. In order to prove that the doctor was negligent, the legal team must demonstrate that they did not meet the standard of care. They must also demonstrate that the negligence was the primary and most direct cause of the birth injury.

In many cases doctors mistakenly over-stretch the shoulder or neck of an infant when trying to pull them through the birth canal. This could stretch the nerves of the neck of the baby and cause strokes, which can affect either or both sides their head. It is also typical for a doctor to incorrectly use a vacuum extractor, or forceps in the event of a difficult birth to force a baby into the birth canal, which could cause nerve damage.

Statute of Limitations

Parents who have a child with erb's syndrome may be entitled to compensation. There is a deadline known as the statutes of limitations, that restricts the length of time that a family can legally pursue legal action.

The statute of limitations typically 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 essential to speak with an Erb's Palsy lawyer immediately to determine if you have the right to pursue a lawsuit.

Erb's syndrome is a condition that is caused by damage to the network of nerves in the shoulder and neck, also known as the brachial plexus. Typically, this type of injury occurs when the head of a child gets stuck beneath the pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals attempt to free a child who is stuck or a child, they could forcefully pull on their necks and shoulders, damaging the nerves of the arm.

A doctor or midwife should be able to anticipate any complications, such as shoulder dystocia, and understand how to safely give birth without injury to it. If they fail to meet this requirement by pulling too hard on the neck or the shoulders, it could be considered medical malpractice. Fortunately, those suffering from medical malpractice are able to seek compensation to pay for their child's medical expenses and ongoing medical care.

Filing a Lawsuit

A lawyer can help the child who is diagnosed with erb's palsy due to medical negligence during birth file a lawsuit. The lawyer will pursue the doctor or other medical personnel who caused the injury. Lawsuits can help parents get financial compensation that covers expenses for therapy, medical bills as well as assistive devices and lost wages. They can also provide families with a sense justice and closure.

The legal process for a lawsuit begins with a complimentary consultation with a seasoned lawyer. If the lawyer is convinced that the case is legitimate they will then send an order letter to the defendants. The demand letter will include the details of the case, as well as an offer for compensation.

During the discovery stage during the discovery phase, the legal team will collect evidence and speak to witnesses in order to build a strong case. They will also submit a report to the court. The defendants' legal team will then examine the claim and make a response of their own.

In the ideal scenario, parties will reach an agreement that pleases both sides. However there are cases that do not reach a settlement and many end up going to trial. In a trial the jury and judge will hear both sides' arguments to determine who wins. If the plaintiff is successful, he or she will be paid a sum and the case will be concluded. If the plaintiff loses, he / won't receive any payment at all.