erb's palsy lawyers Palsy Legal

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

Medical errors during childbirth can cause abrasions, or other injuries to the nerves of the brachialplexus. Doctors often require pressure during the delivery. However should they apply excessive pressure or don't know the amount of pressure required, it can lead to an injury.

Medical Malpractice

A medical malpractice claim is caused by medical professionals' failure to adhere to their standard of care under a specific set of circumstances. This could include insufficient prenatal care, a failure to detect a pregnancy problem (such as fetal macrosomia) or failure to perform a C section when required.

Erb's syndrome is a condition that affects the brachial nerves that control movement and sensation in the arm, shoulder and hand. It often results from traumatizing pull or stretch that tears or stretches the nerves.

In many instances, injuries that cause Erb's 'Palsy' can be avoided. It is an extremely common birth injury that the majority of parents aren't aware of. During the birth process, a parent has a million things running through their head and it's very easy to overlook signs of an error that could cause a serious medical mistake.

An experienced lawyer who specializes in erb's paralysis can assist parents in determining the cause of their child's illness caused by medical negligence. If so the lawsuit could be filed to recover the financial compensation needed to go towards medical treatments and assistive devices. Money can't undo the harms of birth injuries but it can give a child the financial resources they require to live a fulfilled life. Most erb’s palsy cases settle before trial, therefore you must act fast.

Birth Injury

Living with erb's palsy can be emotionally and financially draining. A settlement with Erb's Palsy Attorneys syndrome can help families pay for treatment, therapy and assistive devices. The brachial plexus is a set of nerves in your child's arm that provide sensation and coordinated movement to the arms and hands. Forceful pulling during labor or delivery or the use of instruments can cause nerve damage and lead to the development of Erb's palsy. Injuries to the brachial nerve are considered medical malpractice if they were caused by the negligence of a hospital or medical professional.

Parents who prevail in their case can be awarded compensation for medical bills, physical therapy, Erb's Palsy Attorneys occupational therapy, and surgery. To prove that a doctor was negligent the legal team must prove that they failed to meet the standards of care. They must also show that the negligence was a direct and proximate cause of the infant's injury.

In many cases doctors make the mistake of push too hard on the shoulder or neck of an infant when attempting to get them through the birth canal. This can 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 push the child through the birth canal. This could cause nerve damage.

Statute of limitations

Parents of children with erb's paralysis may 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 typically commences at the age of 18 of an individual. If you suspect that negligence or medical malpractice caused your child's Erb's palsy it is essential to consult an Erb's-Palsy lawyer immediately to determine whether you have the right to sue.

Erb's Palsy is caused due to damage to the brachial-plexus nervous system in the neck and shoulder. This condition is typically caused when the child's head gets stuck under the mother's pelvic bones during labor Erb's Palsy Attorneys or the delivery. This condition is known as shoulder dystocia. When medical professionals attempt to remove a baby stuck or a child, they could push too hard on their shoulders and neck and cause damage to the nerves of the arm.

A doctor or midwife should be able to spot potential issues like shoulder dystocia and know how to safely deliver the baby without causing injury. If they violate this duty by putting pressure on the shoulders or neck excessively or bending the neck too much, it could be considered malpractice. Fortunately, those who suffer from medical malpractice can seek compensation to cover their child's medical bills and ongoing care.

Filing an action

If a baby develops erb's palsy due to medical negligence during birth, an attorney could help him or her file a lawsuit against the doctor and other medical caregivers responsible for their injury. Parents may be able to receive financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They also provide families with the feeling of justice and closure.

The legal process for filing a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer believes the case is legitimate they will then send a demand letter to the defendants. The demand letter will contain the facts of the case and a request for compensation.

During the discovery phase during the discovery phase, the legal team will gather evidence and speak with witnesses to create a convincing case. The team will also file the court report. The legal team of the defendants will review the case and make a response of their own.

Ideally, parties will come to an agreement that is acceptable to both sides. However, not all cases are settled, and many are sent to trial. In a trial, a jury and judge will listen to the arguments of both sides to decide who is the winner. If the plaintiff wins, he will receive a payout and the lawsuit will be closed. If the plaintiff loses, the plaintiff will not receive any money.