Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy expenses. This kind of personal injury claim may help parents pay for their child's care. The birth of a child can result in abrasions or other damage to the nerves of the brachialplexus. Sometimes, doctors must apply force during delivery however if they apply too much or underestimate the pressure needed, it could cause injury. Medical Malpractice A medical malpractice claim is an accusation of an healthcare professional's inability to meet their standard of care in a certain set of circumstances. This could include inadequate care during pregnancy, inability to identify an issue with pregnancy (such as fetal macrosomia) or inability to perform C-sections when needed. Erb's Palsy is a condition that affects the brachial nerves that control movement and sensation in the shoulder, arm and hand. It often results from a traumatic pull or stretch that stretches or tears the nerves. In many cases, the injuries that cause Erb's 'Palsy' can be avoided. This is a common birth defect that parents aren't aware of. During the birthing process, parents are distracted by a variety of things and it's easy to miss the signs that could lead to serious medical mistakes. An experienced lawyer for erb's syndrome can assist parents in determining if the child's condition is caused by medical negligence. If this is the situation, a suit can be filed for the financial compensation needed to pay for medical treatments and assistive equipment. Although money cannot completely erase the effects of birth injuries, it could provide the financial aid the child needs to live a fulfilling life. Most erb's palsy lawsuits are settled before trial, so it's imperative to act quickly. Birth Injury The financial and emotional strain of living with erb's palsy is considerable. Settlements for Erb's Palsy may help families pay for therapy, treatment, and assistive devices. The brachial plexus is a group of nerves in the arm of your child that provide sensory and coordinated movement to hands and arms. The nerves' network can be damaged if you pull too hard during delivery or by using instruments. Medical malpractice can be considered if injuries to the brachialplexus occur through the negligence or inattention of a doctor, nurse, or hospital staff. Parents who prevail in their case will receive compensation for medical bills, physical therapy, occupational therapy as well as surgery. To prove that a doctor is negligent, the legal team needs to demonstrate that they failed to provide the requirements of medical care. They must also show that the negligence was the main and primary cause of the birth injury. In a majority of cases doctors mistakenly push too hard on an infant's neck or shoulder when trying to pull them through the birth canal. This can strain the nerves in the neck of the infant and trigger strokes, which can affect either or both sides their head. It is also common for a doctor to incorrectly use a vacuum extractor forceps during a difficult birth to force a child 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. However there is a strict time frame known as the statute of limitations that restricts the time families are required to take legal action. Generally, the statute of limitations is set on an individual's 18th birthday. If you believe that medical malpractice or negligence caused your child's Erb's-Pallsy, it is important to consult an Erb’s Palsy lawyer right away to determine whether you have the legal right to pursue a lawsuit. Erb's syndrome is a condition which is caused by damage to the nerves' network in a baby's shoulder and neck, referred to as the brachial plexus. This type of injury usually occurs by the child's head getting stuck under the mother's pelvic bones during the labor or delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to free a baby stuck or a child, they could over-reach their necks and shoulders, damaging the nerves of the arm. A doctor or midwife must be able to anticipate problems like shoulder dystocia, as well as know how to safely deliver a baby without injuring it. If they violate this requirement by putting pressure on the neck or shoulders too much and causing pain, it could be regarded as negligent. Medical malpractice victims can be awarded compensation for their child's ongoing care and medical expenses. Filing an action If a baby is diagnosed with erb's syndrome due to medical negligence during birth, an attorney could assist the baby to file lawsuits against the doctor and other medical personnel accountable for his or her injury. Parents can get financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also assist families feel a sense of justice and closure. The legal process for filing a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer is convinced that the case is valid, they will send an order letter to the defendants. The demand letter should contain the facts of the case, as well as a request for compensation. During the discovery phase in the discovery phase, the legal team will gather evidence and speak with witnesses to create an evidence-based case. They will also present an account to the court. The legal team of the defendants will then examine the claim and then respond with their own. In the ideal scenario, parties will reach an agreement that pleases both parties. However, not all cases are resolved and a lot go to trial. In a court trial the jury and a judge will hear both sides' arguments in order to determine who wins. If the plaintiff wins, he will be awarded a prize and the case will end. If the plaintiff loses, they won't get any compensation.