Erb's Palsy Legal

Legal action for Erb's Palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This kind of personal injury claim will help parents pay for the medical bills of their child.

Inaccurate medical interventions during childbirth could result in abrasions or other damage to the brachialplexus's nerves. Doctors frequently require pressure during the birth. However when they apply too much pressure or do not know how much pressure is needed, it can lead to an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional's breaching their standard of care under certain circumstances. This can include improper prenatal care, a failure to identify a pregnancy issue (such as fetal macrosomia) or inability to perform a C section when necessary.

Erb's Palsy is a condition 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 that tears or stretches the nerves.

In many cases, injuries that cause erb's palsy can be prevented. This is a common birth injury that the majority of parents aren't aware of. In the process of birth parents have several things going through their heads and it's very difficult to notice signs of a mistake that could lead to a serious medical error.

A seasoned lawyer for erb's palsy can assist parents in determining if their child's condition was due to medical negligence. If it is the lawsuit could be brought to recover financial compensation that can go towards medical treatments or assistive devices. It is not able to reverse the consequences of birth injuries however, it can give a child the financial aid they need to live a fulfilled life. The majority of erb's palsy lawsuits end up being settled before trial, so it's essential to act fast.

Birth Injury

The emotional and financial burden of living with erb's palsy is immense. A settlement with Erb's syndrome can assist families with therapy, treatment and assistive devices. The brachialplexus is the group of nerves that runs through the arm of your child. It gives sensation and coordinated movements to their arms and hands. A forceful pull during labor or delivery or the use of instruments can damage this network of nerves and lead to the development of Erb's palsy. Medical malpractice is the term used when injuries to the brachialplexus are caused due to the negligence or carelessness of a doctor, nurse or hospital staff.

Parents who win their case can be awarded compensation for medical expenses and physical therapy, occupational therapy, and surgery. In order to prove that a doctor was negligent the legal team has to demonstrate that they did not meet the standard of care. They must also demonstrate that this failure was a direct and Erb's palsy lawsuits proximate cause of the infant's birth injury.

In a majority of cases doctors pull on the infant's shoulder or neck in an attempt to bring them into the birth canal. This can stretch the neck nerves of the baby and result in a stroke either or both sides. It is also common for a doctor to incorrectly utilize a vacuum extractor or forceps during a difficult birth to force a baby into the birth canal, which can cause nerve damage.

Statute of Limitations

Parents whose child has erb's palsy lawsuits syndrome may be entitled to compensation. However there is a specific deadline known as the statute limitations that restricts the time families are required to take legal action.

The statute of limitations typically starts at the age of 18 of an individual. Parents who believe their child's erb's syndrome was the result of medical malpractice or negligence must consult an attorney for Erb's Palsy immediately to determine whether they have the right to bring an action.

Erb's Palsy is caused by damage to the brachial plexus nerve in the neck and shoulder. Most often, this injury occurs when a child's head becomes stuck under the pelvic bone during labor or birth and is referred to as shoulder dystocia. When medical professionals attempt to free a baby stuck and head, they can push too hard on their necks and shoulders and cause damage to the nerves of 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 an injury. If they breach this duty by pulling too heavily on the neck or shoulders this could be construed as medical malpractice. Medical malpractice victims may be eligible for compensation for their child's ongoing care and medical bills.

Filing an action

If a baby is diagnosed with erb's paralysis due to medical negligence during delivery an attorney could aid the child in filing a lawsuit against the doctor and other medical caregivers accountable for his or her injury. The law suits can help parents obtain financial compensation for costs for therapy, medical bills, assistive devices, and lost wages. They can also provide families with an understanding of justice and closure.

The legal process for a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer is convinced that an argument is valid then they will file a demand letter with the defendants. The demand letter will contain the details of the case as well as a request for financial compensation.

During the discovery stage the legal team will gather evidence and speak with witnesses to build a solid case. They will also present a report to the court. The legal team of the defendants will then look over the claim and 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 many go to trial. In a court trial the jury and a judge will examine both sides' arguments in order to determine the winner. If the plaintiff succeeds, the plaintiff will receive a payout and the case will be concluded. If the plaintiff loses, he / she will not receive any compensation at all.