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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 type of personal injuries claim will help parents pay for the medical bills for their child. Medical errors during childbirth can result in abrasions or other damage to the nerves of the brachialplexus. Doctors frequently require pressure during the birth. However should they apply too much pressure or do not know the amount of pressure needed it could cause an injury. Medical Malpractice Medical malpractice claims focus on a healthcare professional breaching their standard of care during certain circumstances. This could include inadequate care during pregnancy, failure to recognize any pregnancy-related issues (such as fetal macrosomia), or failures to perform C-sections if needed. Erb's Palsy is caused due to an illness that affects the brachial nerve that controls movement and sensations in the shoulder, arm and hand. It is usually caused by a traumatizing pull or stretch that stretches or tears the nerves. In many cases, the injuries that cause Erb's 'Palsy' can be prevented. But, it's an extremely common birth injury that parents don't expect. During the birthing process, parents are distracted by a myriad of things and can easily overlook warning indications that could lead to serious medical mistakes. An experienced erb's palsy lawyer can assist parents in determining if their child's condition was caused by medical negligence. If it is the lawsuit could be filed to recover the financial compensation needed to go towards medical treatments or assistive devices. Although money cannot completely erase the effects of a birth injury it could provide the financial aid the child needs to live a full life. Most erb's palsy lawsuits settle before going to trial, which is why it is important to act fast. Birth Injury The financial and emotional strain of living with erb's palsy is significant. A settlement for Erb's palsy could help families pay for therapy, treatments, and assistive devices. The brachialplexus refers to the nerve system that runs along the arm of your child. It gives sensation and coordinated movements to their hands and arms. The nerves' network can be damaged by pulling too hard during birth or by using instruments. Medical malpractice is considered when injuries to the brachialplexus are triggered by the negligence or carelessness of a doctor, nurse or hospital staff. In the event of a successful case parents may be awarded the amount they owe for medical bills as well as occupational and physical therapy as well as surgery. To show that a doctor is negligent the legal team will need to demonstrate that they failed to meet the standard of medical treatment. They must also demonstrate that the error was the sole and primary cause of the birth injury. In a lot of cases doctors pull on the baby's neck or shoulder in an attempt to bring them into the birth canal. This could stretch the neck nerves of the infant and cause a stroke to either or both sides. It is also typical for a doctor to inadvertently use a vacuum extractor 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 of children with erb's syndrome may be qualified for compensation. There is a time limit known as the statutes limitations, that limits the length of time that a family can pursue legal action. The statute of limitations generally starts on the 18th birthday of an individual. erb's palsy lawsuit erie who believe that their child's erb's-related palsy was caused by medical negligence or negligence must consult an attorney for the Erb's syndrome immediately to determine if they have the right to file an action. Erb's syndrome is a condition that is caused by injury to the nerves' network in a baby's shoulder or neck, also known as the brachial plexus. This type of injury usually occurs when a child's head becomes trapped under the pelvic bones during labor or birth. This condition is known as shoulder dystocia. When medical professionals attempt to extract a stuck infant in the womb, they may pull too hard on the shoulders and neck, which causes damage to the nerves that run through the arm. A doctor or midwife must be able to anticipate problems like shoulder dystocia and know how to safely give birth without injury to it. If they fail to fulfill this responsibility by pulling too excessively on the neck or the shoulders or the shoulders, it could be considered medical malpractice. Fortunately, the victims of medical malpractice can recover compensation to cover their child's medical bills and ongoing treatment. Filing an action An attorney can help the child who is diagnosed with erb's palsy because of medical negligence at birth, file a lawsuit. The lawyer will then pursue the doctor or other medical providers who caused the injury. The law suits can help parents obtain financial compensation to cover the cost of therapy, medical bills, assistive devices, and lost wages. They can also help families to feel a sense justice and closure. A free consultation with a seasoned lawyer is the first step in the legal process. If the lawyer believes the case is a valid one, they will send a demand letter to the defendants. The demand letter should contain the details of the case as well as an offer for compensation. During the discovery phase, the legal team will collect evidence and speak with witnesses to build a solid case. The team will also file an official court report. The legal team of the defendants will examine and respond to the claim. Ideally, parties will come to an agreement that is satisfactory for both sides. However there are cases that do not reach an agreement and a lot of cases will go to trial. During a court trial, the jury and judge will hear both sides' arguments in order to determine the winner. If the plaintiff wins, he or she will be paid a sum and the case will come to a close. If the plaintiff loses, he or is not eligible for compensation at all.