Erb s Palsy Attorneys The Process Isn t As Hard As You Think

Erb's Palsy Legal

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

Medical errors during childbirth can cause abrasions, or Erb's palsy lawyer other injuries to the brachialplexus's nerves. Sometimes, doctors must apply force during delivery however if they apply too much or misjudge the amount of pressure they apply, it could result in an 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 be due to improper care during pregnancy, inability to identify a problem with pregnancy (such as fetal macrosomia) or failure to perform C-sections as required.

Erb's palsy is caused by a condition that affects the brachial nerve that regulates movement and the sensations in the shoulder, arm and hand. It typically occurs due to a traumatic pull or stretch that stretches or tears the nerves.

In many cases, the injuries that cause Erb's Palsy can be avoided. However, this is a very common birth injury that many parents don't anticipate. During the birthing process, parents can be distracted by a myriad of things and it's easy to overlook signs that could lead to serious medical mistakes.

An experienced lawyer for erb's syndrome can assist parents in determining the cause of their child's illness caused by medical negligence. If so there is a possibility of a lawsuit being filed to recover money that can be used towards medical treatments or assistive devices. The money won't reverse the effects of birth injuries but it could give a child the financial resources they require to live a fulfilling life. Most erb's palsy lawsuits end up being settled before trial, therefore it is essential to act fast.

Birth Injury

The emotional and financial burden of living with erb's syndrome is considerable. A settlement for Erb's palsy can assist families with therapies, treatments and assistive devices. The brachialplexus comprises a network of nerves that are located in the arm of your child that provide sensory and coordinated movement to hands and arms. Instability during labor and birth or the use of instruments could damage this network of nerves and cause Erb's paralysis. Injuries to the brachial nerve are considered medical malpractice if they are caused through the negligence of a hospital or doctor.

Parents who win their case can get compensation for medical expenses as well as occupational therapy, physical therapy therapy as well as surgery. To show that a doctor is negligent, the legal team needs to prove that they failed to meet the requirements of medical care. They must also prove that the failure was a direct and immediate cause of the infant's birth injury.

In a lot of cases doctors pull on the infant's shoulder or neck in an attempt to bring them into the birth canal. This can cause stretching of the nerves in the neck of the baby, causing strokes, which can affect the head on one or both sides of their head. In the event of a difficult birth it is common for a doctor to utilize forceps or an extractor to force the child through the birth canal. This can cause nerve damage.

Statute of limitations

Parents of children with erb's paralysis may be entitled to compensation. However there is a specific timeframe known as the statute of limitations, which limits the time families have to pursue legal action.

The statute of limitations generally starts at the age of 18 of an individual. If you believe that negligence or medical malpractice caused your child's Erb's palsy it is imperative to consult an Erb’s Palsy lawyer immediately to determine whether you are entitled to pursue a lawsuit.

Erb's palsy lawsuit syndrome is a condition which is caused by damage to the nerve network in the baby's shoulder and neck, which is known as the brachial plexus. The most common cause of this injury is when a child's head becomes stuck underneath the mother's pelvic bone during the birth or labor and is referred to as shoulder dystocia. When medical professionals try to extract a stuck infant or a child, they may over-reach on the shoulders and neck, which can damage the nerves of the arm.

A doctor or midwife should be able to anticipate problems, such as shoulder dystocia, and know how to safely deliver a baby without injuring it. If they breach this duty by putting pressure on the shoulders or neck too hard this could be construed as malpractice. Fortunately, those suffering from medical malpractice can seek compensation to cover their child's medical expenses and ongoing care.

Filing an action

If a baby is diagnosed with erb's palsy lawsuit palsy as a result of medical negligence during birth, an attorney may help him or her file a lawsuit against the doctor and other medical caregivers responsible for their injury. Legal action can help parents receive financial compensation to cover costs for therapy, medical bills, assistive devices, and lost wages. They can also provide families with a sense justice and closure.

The legal process for filing a lawsuit begins with a free consultation with a seasoned lawyer. If the lawyer believes an argument is valid then they will file a demand letter with the defendants. The demand letter should contain the details of the case along with an offer for compensation.

During the discovery stage in the discovery phase, the legal team will gather evidence and talk with witnesses to construct a strong case. The team will also submit a court document. The legal team of the defendants will then review the claim and respond with their own.

In a perfect world the parties would agree to a settlement which satisfied both sides. However there are cases that do not reach an agreement and a lot of cases will go to trial. In a trial the jury and judge will hear the arguments of both sides to decide on a winner. If the plaintiff is successful, he or she will be awarded a prize and the case will be closed. If the plaintiff loses, he / is not eligible for compensation whatsoever.