erb's palsy law firm Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to seek reimbursement for medical bills and therapy costs. This kind of personal injury claim will help parents pay for their child's medical bills.

Mistakes in the birth process can lead to abrasions and other injuries to the brachial plexus nerves. In many cases, doctors have to apply force during delivery, but if they use too much pressure or do not accurately gauge the amount of pressure, it could cause injury.

Medical Malpractice

A medical malpractice claim is the result of the failure of a healthcare professional to provide the required care in a certain set of circumstances. This could include inadequate care during pregnancy, failure to recognize a problem with pregnancy (such as fetal macrosomia) or failing to perform C-sections as required.

Erb's palsy is a condition that affects the brachial nerves that control movement and sensation in the shoulder, arm and hand. It is usually caused by a painful stretch or pull that tears or strains the nerves.

In a majority of cases, the injuries that cause erb's palsy are preventable. This is an extremely common birth injury that most parents are not aware of. In the process of birth, a parent has numerous thoughts going through their mind and it's very difficult to notice signs of a mistake that could cause an unintentional medical error.

A seasoned lawyer for erb's Palsy Attorneys palsy 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 the financial compensation needed to pay for medical treatment and assistive equipment. While money won't completely erase the effects of birth injuries, it can provide the financial support needed by a child to live a healthy and fulfilling life. The majority of cases involving erb's palsy are settled before trial, so you should act quickly.

Birth Injury

The financial and emotional strain of living with erb’s palsy is considerable. A settlement with Erb's syndrome can help families pay for treatment, therapy and other devices. The brachialplexus refers to the nerve system 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 if you pull too hard during delivery or using instruments. Brachial plexus injuries are considered medical malpractice if they are caused through the negligence of a doctor or hospital staff.

In the event of a successful case parents may be awarded compensation that covers medical bills, physical and occupational therapy, and even surgery. To prove that a doctor was negligent the legal team must demonstrate that they did not meet the standards of care. They must also show that the failure was a direct and significant cause of the infant's injury.

In a lot of cases doctors will over-stretch the shoulder or neck of an infant in order to guide them through the birth canal. This can stretch the neck nerves of the infant and cause a stroke on either or both sides. It is also typical for a physician to improperly use a vacuum extractor, or forceps during a difficult birth to push a baby through the birth canal, which can cause nerve damage.

Statute of Limitations

Parents of children with Erb's palsy could be eligible for compensation. There is a time limit, called the statutes of limitations, that limits how long a family may pursue legal action.

The statute of limitations usually starts on the 18th birthday of an individual. If you suspect that medical malpractice or negligence caused your child's Erb's palsy it is essential to consult with an erb's palsy lawsuits & Palsy lawyer immediately to determine whether you have the right to sue.

Erb's palsy is a condition that results from damage to the nerve system in the shoulder and neck, referred to as the brachial plexus. This type of injury usually occurs by the child's head getting stuck beneath the pelvic bones during labor or birth. The condition is known as shoulder dystocia. When medical professionals attempt to free a stuck baby, they may over-reach their necks and shoulders and cause damage to the nerves of the arm.

A doctor Erb's Palsy attorneys or midwife should be able of recognizing potential complications such as shoulder dystocia, and know how to safely deliver the baby without causing injury. If they violate this obligation by pulling too heavily on the neck or the shoulders and neck, it could be deemed medical malpractice. Medical malpractice victims can be awarded compensation for their child's ongoing care and Erb's Palsy attorneys medical expenses.

Filing an action

If a baby develops erb's syndrome due to medical negligence during delivery, an attorney could help him or her file a lawsuit against the doctor and other medical caregivers accountable for the injury. Lawsuits can help parents get financial compensation for the cost of therapy, medical bills, assistive devices, and lost wages. They can also give families the satisfaction of having their issues resolved and a sense of closure.

The legal process for a lawsuit begins with a free consultation with a seasoned lawyer. If the attorney feels that the case is legal, they will send an order letter to the defendants. The demand letter should contain the facts of the case and an appeal for compensation.

During the discovery stage, the legal team will collect evidence and talk to witnesses to create a convincing case. The team will also submit the court report. The legal team of the defendants will review and respond to the claim.

In a perfect world, the parties could reach an agreement that is satisfactory for both parties. However, not all cases reach an agreement and a lot of cases will go to trial. In a trial, a judge and jury will hear the arguments of both sides to determine a winner. If the plaintiff wins, he or she will be awarded a prize and the lawsuit will be closed. If the plaintiff loses, the plaintiff will not receive any compensation.