Erb's Palsy Legal
Legal action to treat Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This kind of personal injury claim can aid parents in paying for their child's care.
Birth defects that are not properly addressed during the childbirth process could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors often need to use force during birth. However when they apply too much pressure or misjudge how much pressure is needed this could cause an injury.
Medical Malpractice
A medical malpractice claim is caused by a healthcare professional's failure to adhere to their standard of treatment in a specific set of circumstances. This could include insufficient prenatal care, the inability to recognize a pregnancy-related issue (such as fetal macrosomia) or inability to perform a C section when it is required.
Erb's syndrome is a condition that affects the brachial nerves that control movement and sensation in the shoulder, arm and hand. It is often caused by a painful stretch or pull which tears or stretch the nerves.
In many cases, injuries that cause erb's palsy can be prevented. It is an extremely common birth injury that parents aren't aware of. During the birthing process, parents are distracted by a multitude of things, and it's easy to ignore warning signs that could lead to serious medical errors.
An experienced lawyer who specializes in erb's paralysis can help parents determine the cause of their child's illness caused by medical negligence. If so, a lawsuit may be filed to obtain financial compensation that can go toward medical treatments and assistive devices. While money can't erase the effects of a birth injury it can provide the financial support needed by a child to live a full and healthy life. Most erb's palsy lawsuits are settled before trial, so it's important 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, treatments, and assistive devices. The brachialplexus comprises a network of nerves located in your child's arm that provide sensory and coordinated movement to the arms and hands. This nerve network could be damaged if you pull too hard during birth or using instruments. Medical malpractice is a case of injuries to the brachialplexus occur by the negligence or carelessness of a doctor, nurse, or hospital staff.
Parents who prevail in their case will be awarded compensation for medical expenses such as physical therapy, occupational therapy and even surgery. To prove that the doctor was negligent the legal team has to show that they failed to meet the standards of care. They must also show that the error was the sole and primary cause of the birth injury.
In a lot of cases doctors pull on the infant's neck or shoulder when they are trying to get them into the birth canal. This could stretch the nerves in the neck of the baby, causing strokes, which can affect either or both sides of their head. When a birth is difficult the norm is for doctors to utilize forceps or an extractor to force the baby through the birth canal. This can cause nerve damage.
Statute of Limitations
Parents with children with
erb's palsy Lawsuit syndrome may be entitled to compensation. However, there is a strict timeframe known as the statute of limitations, which limits the time families are required to pursue legal action.
The statute of limitation generally begins on the 18th birthday of an individual. Parents who believe that their child's erb's palsy was the result of medical malpractice or negligence should consult an attorney for the Erb's syndrome as soon as they can to determine if they have the right to file a lawsuit.
Erb's Palsy is a condition that is caused by damage to the nerve network in the shoulder and neck, referred to as the brachial plexus. Typically, this type of injury occurs when a child's head gets stuck beneath the pelvic bone during the birth or labor which is known as shoulder dystocia. When medical professionals attempt to free the baby who is stuck, they may pull too hard on their shoulders and neck and end up damaging the nerves of the arm.
A midwife or doctor must be able to recognize potential complications such as shoulder dystocia, and understand how to safely give birth without injury to it. If they fail to meet this requirement by pulling too hard on the neck or shoulders and neck, it could be deemed medical malpractice. Fortunately, those who suffer from medical malpractice are able to seek compensation to pay for the medical bills of their child as well as ongoing care.
Filing an action
A lawyer can help those children who suffer from
erb's palsy lawyers palsy because of medical negligence at birth, file a lawsuit. The lawyer will pursue the doctor or other medical professionals who caused the injury. Parents can get financial compensation for medical bills and therapy, as well as assistive devices and lost wages through lawsuits. They can also help families to feel a sense justice and closure.
A free consultation with a lawyer with experience is the first step in the legal process. If the lawyer feels the case is valid and enforceable, they will send a demand letter to the defendants. The demand letter will include the details of the case along with an appeal for compensation.
During the discovery phase the legal team will gather evidence and talk to witnesses to establish a solid case. They will also present a report to the court. The legal team of the defendants will then analyze and respond to the claim.
In a perfect world, the parties would reach a settlement that was satisfactory to both sides. However there are cases that do not reach an agreement and a lot of cases end up going to trial. In a trial, a jury and judge will listen to the arguments of both sides to determine a winner. If the plaintiff wins the case they will receive an amount. If the plaintiff loses, he / is not eligible for compensation whatsoever.