Erb's Palsy Legal
Erb's palsy legal involves the filing of an insurance claim or lawsuit to recover reimbursement for medical bills and therapy costs. This kind of personal injury claim could help parents pay their child's medical bills.
Birth defects that are not properly addressed during the childbirth process can lead to abrasions and other injuries to the brachial plexus nerves. Often doctors need to apply force during delivery however if they apply too much or misjudge the amount of pressure, it can cause an injury.
Medical Malpractice
A medical malpractice claim centers on a healthcare professional's breach of their standard of care under an aforementioned set of circumstances. This can include improper care during pregnancy, failure to recognize a problem with pregnancy (such as fetal macrosomia) or inability to perform C-sections as required.
Erb's syndrome is a condition that affects the brachial nerves that regulate movement and sensation in the arm, shoulder, and hand. It is often caused by a traumatizing pull or stretch that tears or strains the nerves.
In many cases, injuries that cause erb's syndrome are preventable. However, it is a very common birth injury that a lot of parents aren't prepared for. During the birth process the parent is juggling several things going through their mind and it's easy to miss the signs of a mistake that could result in an unintentional medical error.
An experienced
erb's Palsy attorney can assist parents in determining whether their child's condition is caused by medical negligence. If so there is a possibility of a lawsuit being filed to seek the financial compensation needed to go towards medical treatment and assistive devices. Although money cannot erase the effects of a birth injury, it can provide the financial help the child needs to live a healthy and fulfilling life. The majority of cases involving erb's syphilis are settled before trial, so you should act quickly.
Birth Injury
Living with erb's syndrome can be financially and emotionally draining. A settlement for Erb's palsy could help families pay for therapy, treatment and assistive devices. The brachial plexus is a group of nerves that are located in the arm of your child that provide a sense of touch and coordinated movement to the hands and arms. This network of nerves can be damaged if you pull too hard during birth or by using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused through the negligence of a hospital or doctor.
If a claim is successful, parents can receive compensation for medical expenses, physical and occupational therapy and surgery. To prove that a doctor is negligent,
erb's palsy attorney the legal team has to demonstrate that they failed to provide the standard of medical treatment. They must also show that the failure was the sole and primary cause of the birth injury.
In many cases doctors make the mistake of push too hard on the baby's neck or shoulder when trying to guide them through the birth canal. This could stretch the neck nerves of the baby and result in a stroke on either or both sides. It is also common for a doctor to incorrectly use a vacuum extractor forceps during a difficult birth to push a baby through the birth canal, which can cause nerve damage.
Statute of Limitations
Parents whose child suffers from Erb's Palsy may be entitled to compensation. There is a time limit known as the statutes limitations, that limits the length of time that a family can take legal action.
Generally speaking, the statute of limitations starts when an individual turns 18. If you believe that medical malpractice or negligence caused your child's Erb's palsy, it is important to consult an Erb's-Palsy lawyer immediately to determine whether you have the legal right to sue.
erb's palsy law firms palsy is caused by damage to the brachial-plexus nervous system located in the neck and shoulder. This injury is often caused when the baby's head is stuck under the mother's pelvic bones during labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to free a baby stuck in the process, they might forcefully pull on their necks and shoulders, causing damage to nerves in the arm.
A midwife or doctor must be able to spot potential complications such as shoulder dystocia and know how to safely deliver the baby without causing an injury. If they fail to meet this requirement by pulling too hard on the neck or the shoulders or the shoulders, it could be considered medical malpractice. Fortunately, the victims of medical malpractice can claim compensation to pay for the medical bills of their child as well as ongoing treatment.
Filing a Lawsuit
An attorney can assist those children who suffer from erb's palsy due to medical negligence during birth file a lawsuit. The lawyer will then sue the doctor or other medical personnel who caused the injury. Parents can seek financial compensation for medical bills as well as therapy,
Erb's palsy attorney assistive devices and lost wages through lawsuits. They can also assist families find a sense justice and closure.
The legal procedure for a lawsuit begins with a free consultation with an experienced lawyer. If the attorney feels that the case is a valid one the lawyer will issue an email to the defendants. The demand letter will contain the facts of the case as well the request for monetary compensation.
During the discovery process, the legal team will gather evidence and speak with witnesses to establish a solid case. They will also present an account to the court. The legal team of the defendants will then review the claim and then respond with their own.
In a perfect scenario, the parties would come to a settlement that was satisfactory to both sides. There are cases that are not always settled and many go to trial. In a court trial jurors and judges examine both sides' arguments to decide who will win. If the plaintiff is successful, he or she will be awarded a prize and the lawsuit will be closed. If the plaintiff loses then he or she won't receive any money.