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Erb's Palsy Legal Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to recover compensation for medical bills as well as therapy expenses. This type of personal injury claim may help parents pay for the treatment of their child. Inaccurate medical interventions during childbirth could result in abrasions or other damage to the nerves of the brachialplexus. Often doctors need to apply pressure during the delivery however if they apply excessive force or fail to gauge the amount of pressure, it could cause injury. Medical Malpractice Medical malpractice claims focus on a healthcare professional breaching their standard of care under a specific set of circumstances. This could include insufficient prenatal care, the inability to recognize a pregnancy-related issue (such as fetal macrosomia) or failing to perform a C-section if required. Erb's Palsy is caused due to an issue with the brachial nerve that controls movement and sensations in the arm, shoulder, and hand. It is usually caused by a traumatic pull or stretch that tears or stretches the nerves. In many cases, injuries that cause Erb's 'Palsy' can be avoided. It is an uncommon birth injury that the majority of parents aren't aware of. During the birthing process, parents are distracted by many things and it's very easy to ignore warning the signs that could lead to serious medical errors. An experienced erb's Palsy attorney can assist parents in determining whether the child's condition is due to medical malpractice. If this is the situation, a suit can be filed to seek financial compensation to pay for medical treatments and assistive equipment. The money won't reverse the effects of birth injuries, but it can provide a child with the financial assistance they require to lead a happy and fulfilling life. The majority of cases involving erb's syndrome end up being settled before going to trial, therefore it is crucial to act quickly. Birth Injury The experience of living with erb's palsy could be emotionally and financially draining. A settlement with Erb's syndrome can help families pay for treatment, therapy and assistive devices. The brachialplexus is the nerve system that runs through your child's arm. It provides sensation and coordinated movements to their hands and arms. The forceful pulling that occurs during labor and delivery or the use or manipulation of instruments can cause damage to this nerve network and cause Erb's paralysis. Medical malpractice is a case of injuries to the brachialplexus result by the negligence or carelessness of a doctor, nurse, or hospital staff. In a successful claim, parents can receive the amount they owe for medical bills as well as occupational and physical therapy, as well as surgery. To demonstrate that a physician is negligent the legal team has to prove that they did not meet the standards of medical care. They must also show that the negligence was the sole and primary cause of the birth injury. In many cases doctors make the mistake of push too hard on the neck or shoulder of a newborn in order to guide them through the birth canal. This action can stretch the nerves in the baby's neck and cause strokes that affect either or both sides of their head. It is also typical for a doctor to incorrectly use a vacuum extractor, or forceps in the event of a difficult birth to force a baby into the birth canal, which can cause nerve damage. Statute of Limitations Parents who have a child who suffers from erb's paralysis could be entitled to compensation. There is a deadline known as the statutes limitations, that restricts the time a family can pursue legal action. Generally speaking, the statute of limitations is set on the 18th birthday of an individual. If you believe that negligence or medical malpractice caused your child's Erb's-Pallsy it is imperative to consult with 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 nerve system in the neck and shoulder. The injury is usually caused when a child's head becomes stuck beneath the pelvic bones during labor or birth. This condition is known as shoulder dystocia. When medical professionals try to remove a stuck infant or a child, they may push too hard on the shoulders and the neck, which causes damage to the nerves that run through the arm. A doctor or midwife must be able to recognize potential complications like shoulder dystocia, and know how to safely deliver a baby without harming it. If they fail to fulfill this obligation by pulling on the neck or shoulders too much or bending the neck too much, it could be considered negligent. Fortunately, victims of medical malpractice are able to seek compensation to cover their child's medical bills and ongoing treatment. Filing an action An attorney can assist those who have children with erb's palsy as a result medical negligence in the birth process file a lawsuit. The lawyer will take action against the doctor or any other medical personnel who caused the injury. Parents can seek financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also provide families with the feeling of justice and closure. erb's palsy lawsuit mesa for a lawsuit begins with a no-cost consultation with an experienced lawyer. If the attorney feels that the case is valid, they will send a demand letter to the defendants. The demand letter will outline the facts of the case as well a request for financial compensation. During the discovery stage, the legal team will collect evidence and speak with witnesses to create an evidence-based case. The team will then submit an official court report. The legal team of the defendants will then look over and respond to the claim. In a perfect scenario, the parties would agree to a settlement that was satisfactory to both sides. There are cases that are not always settled, and many are sent to trial. During a court trial, the jury and judge will listen to both sides' arguments in order to determine the winner. If the plaintiff wins, he or she will be paid a sum and the lawsuit will come to a close. If the plaintiff loses then the plaintiff won't be able to receive any money.