Erb's Palsy Legal
Legal action for Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical expenses and therapy costs. This type of personal injuries claim can help parents pay their child's medical expenses.
Birth defects that are not properly addressed during the childbirth process could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors are often required to apply force during birth. However should they apply too much pressure or misjudge the amount of pressure required this could cause an injury.
Medical Malpractice
A medical malpractice claim is the result of a healthcare professional's failure to perform their standard of treatment in a specific set of circumstances. This could include insufficient prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or inability to perform a C section when needed.
Erb's palsy is a condition that affects the brachial nerve system that controls movement and sensation in the shoulder, arm, and hand. It is often caused by a traumatic stretch or pull that stretches or tears the nerves.
In a majority of cases, the injuries that cause erb's syndrome are preventable. However, this is a common type of birth injury that a lot of parents do not anticipate. During the birth process, a parent has several things going through their heads and it is very difficult to notice signs of a mistake which could result in an injury that is serious to the medical system.
An experienced lawyer for erb's syndrome can help parents determine whether the child's condition is a result of medical negligence. If this is the case, a lawsuit may be filed to seek financial compensation to cover medical treatments and assistive equipment. While money won't completely erase the effects of birth injuries, it can provide the financial support the child needs to live a full and healthy life. The majority of cases involving erb's syndrome end up being settled before trial, which is why you must act quickly.
Birth Injury
Living with erb's paralysis can be financially and emotionally draining. Settlements for Erb's Palsy may help families pay for therapy, treatment and assistive devices. The brachialplexus comprises a network of nerves located in your child's arm that provide a sense of touch and coordinated movement to the arms and hands. Forceful pulling during labor or delivery or the use or manipulation of instruments can damage this network of nerves and cause Erb's palsy. Medical malpractice can be considered if injuries to the brachialplexus occur due to the negligence or carelessness of a doctor, nurse or hospital staff.
In the event of a successful claim parents could receive the amount they owe for medical bills as well as occupational and physical therapy and surgery. To prove that a doctor was negligent the legal team has to prove that they failed to provide the requirements of medical care. They must also prove that this failure was a direct, proximate cause of the infant's injury.
In a lot of cases doctors pull on the baby's neck or shoulder when trying to get them into the birth canal. This can stretch the neck nerves of the infant and cause a stroke on one or both sides. If the birth experience is difficult, it is common for a doctor to employ forceps or a vacuum extractor to push the child through the birth canal. This can result in nerve damage.
Statute of limitations
Parents who have a child who suffers from erb's paralysis could be entitled to compensation. However, there is a strict time frame known as the statute of limitations, which limits the time families are required to take legal action.
The statute of limitations generally starts at the age of 18 of an individual. If you believe that negligence or medical malpractice caused your child's Erb's Palsy it is essential to consult an
erb's palsy Attorneys-Palsy lawyer immediately to determine whether you have the legal right to sue.
Erb's palsy is a condition which is caused by damage to the nerve system in a baby's shoulder and neck, which is known as the brachial plexus. Often, this injury occurs when a child's head gets stuck underneath the mother's pelvic bone during labor or birth and 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 neck, which causes damage to the nerves in the arm.
A midwife or doctor must be able to recognize potential issues such as shoulder dystocia, and know how to safely deliver the baby without causing injury. If they violate this obligation by pulling too excessively on the neck or the shoulders this could be construed as medical malpractice. Medical malpractice victims can receive compensation for the ongoing care of their child and medical bills.
Filing a Lawsuit
An attorney can assist a child who develops erb’s palsy because of medical negligence during birth file a lawsuit. The lawyer will then sue the doctor or other medical professionals who caused the injury. Parents can receive financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also help families find a sense justice and closure.
The legal process for filing a lawsuit begins with a free consultation with an experienced lawyer. If the lawyer is convinced that the case is a valid one and enforceable, they will send an email to the defendants. The demand letter will contain the facts of the case, as well as an offer for compensation.
During the discovery stage, the legal team will gather evidence and talk to witnesses to establish a solid case. They will also present an account to the court. The legal team of the defendants will then examine the claim and make a response of their own.
In the ideal scenario, parties will reach an agreement that pleases both parties. However it is not always the case that cases reach an agreement and a lot of cases end up going to trial. In a trial, a jury and judge will listen to the arguments of both sides to determine who wins. If the plaintiff wins, he will receive a payment and the lawsuit will be concluded. If the plaintiff loses, he or is not eligible for compensation at all.