Erb's Palsy Legal Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy expenses. This type of personal injuries claim could help parents pay their child's medical bills. Birth-related medical errors can result in abrasions or other damage to the brachialplexus's nerves. Sometimes, doctors must apply pressure during birth but if they apply too much pressure or do not accurately gauge the amount of pressure, it could result in an injury. Medical Malpractice A medical malpractice claim is an accusation of a healthcare professional's failure to provide the required care in a particular set of circumstances. This can include improper prenatal care, inability to identify a pregnancy issue (such as fetal macrosomia) or inability to perform a Csection when needed. Erb's palsy is a disorder that affects the brachial network of nerves that control movement and sensation in the shoulder, arm, and hand. It is often caused by a traumatic pull or stretch which tears or strains the nerves. In many cases, the injuries that cause Erb's 'Palsy' can be prevented. This is an extremely common birth injury that most parents are not aware of. During the birthing process, parents can be distracted by a multitude of things and it's very easy to overlook warning the signs that could lead to serious medical mistakes. An experienced erb’s palsy attorney can help parents determine whether the child's illness is the result of medical negligence. If so it is possible to file a lawsuit filed to obtain an amount of money to be used towards medical treatment and assistive devices. The money won't reverse the effects of birth injuries however, it can provide a child with the financial assistance they require to lead a happy and fulfilling life. Most erb's palsy lawsuits end up being settled before going to trial, so it is crucial to act quickly. Birth Injury The financial and emotional strain of living with erb's paralysis is significant. A settlement with Erb's syndrome can help families pay for treatment, therapy and other devices. The brachialplexus comprises a network of nerves in the arm of your child that provide sensory and coordinated movement to the arms and hands. This nerve network could be damaged when you pull too hard during birth or by using instruments. Brachial plexus injuries are considered medical malpractice if they were caused by the negligence of hospital or medical professional. If a claim is successful, parents can receive compensation that covers medical bills as well as occupational and physical therapy as well as surgery. To prove that the doctor was negligent, the legal team must prove that they did not meet the standard of care. They must also show that this failure was a direct, proximate cause of the infant's injury. In many instances doctors mistakenly push too hard on an infant's neck or shoulder when trying to guide them through the birth canal. This could stretch the neck nerves of the baby and result in a stroke one or both sides. In the event of a difficult birth, it is common for the doctor to use forceps or a vacuum extractor to force the baby through the birth canal. This could cause nerve damage. Statute of limitations Parents whose child has Erb's palsy could be entitled to compensation. There is a time limit, called the statutes of limitations, that limits how long a family can legally pursue legal action. The statute of limitations generally commences at the age of 18 of an individual. Parents who believe their child's erb's-related palsy was caused by medical malpractice or negligence should speak with an attorney for the Erb's syndrome promptly to determine whether they are entitled to bring an action. Erb's palsy is caused by damage to the brachial plexus nerve in the neck of the baby and shoulder. This condition is typically caused when the child's head gets trapped under the pelvic bones during labor or birth. This condition is called shoulder dystocia. When medical professionals attempt to free a stuck infant in the womb, they may pull too hard on the shoulders and the neck, which damages the nerves that run through the arm. A doctor or midwife should be able to recognize potential issues such as shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they violate this obligation by pulling too hard on the neck or the shoulders or the shoulders, it could be considered medical malpractice. Medical malpractice victims can be awarded compensation for ongoing medical care and medical expenses. Filing an action If a baby develops erb's palsy as a result of negligent medical care during the delivery, an attorney could aid the child in filing an action against the doctor and other medical caregivers responsible for his or her injury. Parents can get financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They also provide families with the feeling of justice and closure. The legal procedure for a lawsuit begins with a complimentary consultation with a seasoned lawyer. If the lawyer feels the case is a valid one they will then send a demand letter to the defendants. The demand letter will contain the details of the case and a request for compensation. During the discovery phase, the legal team will collect evidence and interview witnesses to build a solid case. The team will also file a court document. The defendants' legal team will then review the claim and then respond with their own. In a perfect world, the parties would agree to a settlement which satisfied both sides. Some cases are not settled, and some go to trial. During a trial, the judge and jury will listen to the arguments of both sides to determine a winner. If the plaintiff wins the case and is awarded a payout. If the plaintiff loses then the plaintiff won't be able to receive any money.