estherville erb's palsy lawyer Palsy Legal

Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This type of personal injuries claim can assist parents in paying their child's medical expenses.

Mistakes in the birth process could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors often require pressure during the delivery. However should they apply too much pressure or fail to recognize the amount of pressure needed it could cause an injury.

Medical Malpractice

A medical malpractice claim is caused by the failure of a healthcare professional to provide the required treatment in a specific set of circumstances. This could be due to improper care during pregnancy, failure to recognize any pregnancy-related issues (such as fetal macrosomia) or inability to perform C-sections as required.

Erb's Palsy is a condition that affects the brachial plexus network of nerves that control movement and sensation in the arm, shoulder and hand. It is often caused by a traumatic pull or stretch that causes tears or stretching of the nerves.

In many cases, injuries that cause coldwater erb's palsy lawsuit-Pallsy could be avoided. However, this is an uncommon 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 indications that could lead to serious medical errors.

An experienced erb's Palsy attorney can help parents determine whether their child's condition is a result of medical negligence. If so, a lawsuit may be filed to recover financial compensation that can go toward medical treatments and assistive devices. Money cannot undo the effects of birth injuries however, it can give a child the financial assistance they require to live a fulfilled life. The majority of cases involving erb's syndrome settle before trial, which is why it is essential to act fast.

Birth Injury

The emotional and financial burden of living with erb's paralysis is immense. A settlement with Erb's syndrome will help families cover therapies, treatments and assistive devices. The brachialplexus is a nerves that run along the arm of your child. It provides sensation and coordinated movements to their arms and hands. A forceful pull during labor and birth or the use of instruments can cause nerve damage and cause Erb's paralysis. Injuries to the brachial nerve are considered medical malpractice if they were caused through the negligence of a doctor or hospital staff.

Parents who prevail in their case could be awarded compensation for medical expenses such as physical therapy, occupational therapy, and surgery. To prove that a doctor is negligent the legal team has to show that they failed to meet the standards of medical care. They must also show that the failure was the primary and most direct cause of the birth injury.

In a lot of cases doctors pull on the baby's neck or shoulder when they are trying to get them into the birth canal. This can stretch the neck nerves of the baby and cause a stroke on either or both sides. If the birth experience is difficult the norm is for the doctor to make use of forceps or a vacuum extractor to force the baby through the birth canal. This can cause nerve damage.

Statute of Limitations

Parents of children with erb's syndrome may be eligible for compensation. There is a deadline known as the statutes of limitations, that restricts the time a family can pursue legal action.

The statute of limitations generally commences at the age of 18 of an individual. If you suspect that medical malpractice or Erb's PALSY attorney negligence caused your child's Erb's palsy it is imperative to consult with an Erb's & Palsy lawyer right away to determine whether you are entitled to sue.

Erb's palsy is a complication which is caused by damage to the network of nerves in the shoulder and neck, which is known as the brachial plexus. This injury is often caused by the child's head getting stuck under the mother's pelvic bones during labor or the delivery. This condition is called shoulder dystocia. When medical professionals attempt to free a baby stuck and head, they can forcefully pull on their necks and shoulders, damaging the nerves of the arm.

A midwife or doctor should be able to anticipate complications such as shoulder dystocia, and know how to safely deliver the baby without causing injury. If they violate this duty by putting pressure on the neck or shoulders too hard this could be construed as negligence. Medical malpractice victims can be awarded compensation for the ongoing care of their child and medical expenses.

Filing an action

If a baby is diagnosed with erb's palsy as a result of medical negligence during the birth an attorney could aid the child in filing lawsuits against the doctor and other medical caregivers responsible for his or her injury. Parents can receive financial compensation for medical bills, therapy, assistive devices and lost wages through lawsuits. They can also give families 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 feels the case is legitimate and enforceable, they will send a demand letter to the defendants. The demand letter will outline the facts of the case as well as an offer for compensation.

In the discovery phase the legal team will collect evidence and interview witnesses to establish a solid case. The team will then submit a court report. The legal team of the defendants will then review and respond to the claim.

In an ideal world, the parties would reach a settlement which satisfied both sides. However there are cases that do not reach the point of settlement, and many will go to trial. In a trial, a judge and jury will hear the arguments of both sides to determine a winner. If the plaintiff succeeds, the plaintiff will be paid a sum and the lawsuit will come to a close. If the plaintiff loses, he / she will not receive any payment at all.