Erb's Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy expenses. This kind of personal injury claim will help parents pay for the medical bills for their child.

Medical mistakes during child birth can cause abrasions and other injuries to the brachial plexus nerves. In many cases, doctors have to apply pressure during the delivery but if they apply too much or underestimate the pressure needed, it can cause an injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional's breach of their standard of care under certain circumstances. This could include inadequate prenatal care, the inability to identify a pregnancy issue (such as fetal macrosomia) or failing to perform a C section when necessary.

Erb's palsy is a condition that affects the brachial plexus network of nerves that control movement and sensation in the shoulder, arm and hand. It usually occurs as a result of a traumatic pull or stretch that stretches or tears the nerves.

In a majority of cases, the injuries that cause erb's palsy lawsuits syndrome are preventable. However, this is a common type of birth injury that many parents don't anticipate. When delivering, a parent has a million things running through their heads and it is very easy to overlook signs of an error that could result in a serious medical mistake.

An experienced erb’s palsy attorney can assist parents in determining if the child's condition is caused by medical negligence. If it is there is a possibility of a lawsuit being filed to recover the financial compensation needed to go towards medical treatments and assistive devices. While money won't completely erase the effects of birth injuries, it can provide the financial support that a child requires to live a fulfilling life. Most erb's palsy lawsuits settle before going to trial, so it is essential to act fast.

Birth Injury

Living with erb's syndrome can be financially and emotionally draining. An Erb's-Palsy settlement could help families pay for therapy, treatment, and assistive devices. The brachialplexus is a nerve system that runs along the arm of your child. It gives sensation and coordinated movements to their hands and arms. A forceful pull during labor or delivery or the use or manipulation of instruments can harm this nerve system and lead to the development of Erb's palsy. Injuries to the brachial plexus are considered medical malpractice if they were caused by the negligence of a medical professional or hospital staff.

Parents who win their case will be awarded compensation for medical expenses, physical therapy, occupational therapy and even surgery. To prove that a doctor is negligent the legal team needs to show that they failed to provide the standards of medical care. They must also show that the negligence was a direct and proximate cause of the infant's birth injury.

In many cases doctors pull on the neck or shoulder of the infant in order to guide them into the birth canal. This action can stretch the nerves in the neck of the baby, causing strokes, which can affect one or both sides of their head. It is also typical for a doctor to inadvertently use a vacuum extractor forceps during a difficult birth. This can force a baby into the birth canal, which could cause nerve damage.

Statute of Limitations

Parents with children with erb's syndrome may be entitled to compensation. There is a time limit known as the statutes limitations, that restricts how long a family can engage in legal action.

The statute of limitations generally starts on the 18th birthday of an individual. Parents who believe that their child's erb's paralysis was caused by medical malpractice or negligence ought to consult an attorney for the Erb's syndrome as soon as they can to determine if they are entitled to file an action.

Erb's Palsy is caused by damage to the brachial plexus nerve in the baby's neck and shoulder. This injury is often caused when a child's head becomes stuck between the pelvic bones during the labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to free a stuck infant and pull too hard on the shoulders and the neck, which may damage the nerves of the arm.

A midwife or doctor should be able to anticipate issues such as shoulder dystocia and know how to safely deliver the baby without causing injury. If they fail to meet this requirement by pulling too excessively on the neck or the shoulders and neck, it could be deemed medical malpractice. The victims of medical malpractice can receive compensation for their child's ongoing care and medical expenses.

Filing a Lawsuit

A lawyer can help a child who develops erb’s palsy as a result of medical negligence during birth. a lawsuit. The lawyer will then pursue the doctor or other medical providers who caused the injury. Parents may be able to receive financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also provide families with the satisfaction of having their issues resolved and a sense of closure.

The legal procedure for a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer believes that the case is meritorious the lawyer will submit a demand to the defendants. The demand letter should contain the details of the case as well as a request for monetary compensation.

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

Ideally, parties can reach an agreement that is acceptable to both sides. However, not all cases are settled and many go to trial. In a trial, a judge and jury will listen to both sides' arguments to decide on a winner. If the plaintiff wins the case, they will receive a payment. If the plaintiff loses then the plaintiff will not receive any compensation.