Erb's Palsy Legal

Erb's palsy legal involves the filing of an insurance claim or lawsuit to seek compensation for medical bills as well as therapy expenses. This type of personal injury claim can help parents pay for their child's care.

Medical errors during childbirth can cause abrasions or other injuries to the nerves of the brachialplexus. Most doctors will need to apply pressure during the delivery, but if they use excessive force or fail to gauge the amount of pressure applied, it could result in an injury.

Medical Malpractice

A medical malpractice claim is based on a healthcare professional's breach of their standards of care in an aforementioned set of circumstances. This can include improper prenatal care, an inability to identify a pregnancy issue (such as fetal macrosomia) or failing to perform a C section when required.

bellmead erb's palsy lawsuit palsy is a condition that affects the brachial plexus nerves that regulate movement and sensation in the arm, shoulder, and hand. It typically occurs due to traumatizing pull or stretch which tears or strains the nerves.

In many cases, injuries that cause erb's palsy law firm 'Palsy' can be avoided. However, it is an extremely common birth injury that a lot of parents aren't prepared for. During the birthing process, parents are distracted by many things and can easily ignore warning the signs that could lead to serious medical mistakes.

An experienced erb’s palsy attorney can assist parents to determine if their child's condition is due to medical malpractice. If so the lawsuit could be filed to seek money that can be used towards medical treatments and assistive devices. While money won't completely erase the effects of a birth injury it can provide the financial assistance a child needs to live a full and healthy life. The majority of erb's palsy lawsuits end up being settled before trial, which is why it is crucial to act quickly.

Birth Injury

The financial and emotional strain of living with erb’s palsy is significant. An Erb's palsy settlement can help families pay for therapy, treatment and assistive devices. The brachialplexus is a collection of nerves located in your child's arm that provide sensory and coordinated movement to hands and arms. A forceful pull during labor and birth or the use of instruments may cause damage to this nerve network and cause Erb's palsy. Medical malpractice can be considered if injuries to the brachialplexus result through the negligence or inattention of a nurse, doctor or hospital personnel.

If a claim is successful parents could receive reimbursement for Erb's palsy medical bills, physical and occupational therapy, as well as surgery. To prove that a doctor was negligent, the legal team has to prove that they did not meet the standard of medical care. They must also demonstrate that this failure was a direct, proximate reason for the infant's birth injury.

In a majority of cases doctors will push too hard on an infant's neck or shoulder when attempting to get them through the birth canal. This can cause stretching of the nerves of the neck of the infant and trigger strokes that affect the head on one or both sides of their head. It is also typical for a doctor not to properly use a vacuum extractor or forceps in the event of a difficult birth to force a baby through the birth canal, which can cause nerve damage.

Statute of Limitations

Parents with children with erb's paralysis may be entitled to compensation. However, there is a strict deadline called the statute of limitations that limit the time families have to pursue legal action.

Generally speaking, the statute of limitation begins on an individual's 18th birthday. Parents who believe their child's erb's paralysis was caused by medical negligence or negligence should consult an Erb's palsy lawyer immediately to determine if they are entitled to bring a lawsuit.

Erb's palsy is caused by damage to the brachial-plexus nerve network located in the neck and shoulder. Typically, this type of injury occurs when a child's head gets stuck under the pelvic bone during the labor or delivery process and is referred to as shoulder dystocia. When medical professionals attempt to remove a child who is stuck or a child, they could over-reach their necks and shoulders, causing damage to nerves in the arm.

A midwife or doctor must be able to recognize potential complications such as shoulder dystocia, and know how to safely deliver a baby without injuring it. If they violate this requirement by putting pressure on the neck or shoulders too much or bending the neck too much, it could be considered negligence. Fortunately, those suffering from medical malpractice can seek compensation to cover their child's medical bills and ongoing medical care.

Filing a Lawsuit

If a baby develops erb's palsy due to medical negligence during birth, an attorney may help him or her file a lawsuit against the doctor and other medical caregivers responsible for his or her injury. Lawsuits can assist parents in obtaining financial compensation for medical bills, therapy costs, assistive devices, and lost wages. They also provide families with a sense justice and closure.

The legal procedure for a lawsuit begins with a no-cost consultation with a knowledgeable lawyer. If the attorney believes a case has merit then they will send a demand letter to the defendants. The demand letter will contain the facts of the situation and an offer for compensation in the form of money.

During the discovery phase the legal team will collect evidence and interview witnesses to build a strong case. They will also present a report to the court. The legal team of the defendants will then look over and respond to the claim.

In a perfect world, the parties would come to an agreement that satisfied both sides. However there are cases that do not reach an agreement, and some will go to trial. In a trial, the jury and judge will listen to both sides' arguments to determine a winner. If the plaintiff wins the case and is awarded a payout. If the plaintiff loses, he or won't receive any compensation whatsoever.