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Erb's Palsy Legal Legal action for Erb's palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This type of personal injuries claim will help parents pay for their child's medical expenses. Medical errors during childbirth can cause abrasions, or other injuries to the nerves of the brachialplexus. Doctors often require force during birth. However when they apply too much pressure or misjudge how much pressure is needed it could cause an injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional who violated their standard of care during certain circumstances. This could be due to inadequate prenatal care, a failure to recognize a pregnancy-related issue (such as fetal macrosomia) or inability to perform a C-section when required. Erb's Palsy is caused due to an issue with the brachial nerve system that regulates the movement and sensations of the arm, shoulder, and hand. It usually occurs as a result of traumatizing pull or stretch which tears or strains the nerves. In many cases, injuries that cause Erb's-Pallsy could be prevented. However, this is an uncommon birth injury that parents aren't prepared for. During the birthing process, parents are distracted by a myriad of things and it's easy to miss indicators that could lead serious medical errors. An experienced lawyer for erb's syndrome can assist parents to determine if their child's condition is a result of medical malpractice. If so there is a possibility of a lawsuit being brought to recover money that can be used towards medical treatments or assistive devices. Although money cannot completely erase the effects of a birth injury it can provide the financial help the child needs to live a full life. Most erb’s palsy cases end up being settled before trial, which is why you must act fast. Birth Injury The financial and emotional strain of living with erb's paralysis is significant. A settlement for Erb's palsy could help families pay for therapy, treatment, and assistive devices. The brachialplexus refers to the group of nerves that runs through your child's arm. It gives sensation and coordinated movements to their arms and hands. This network of nerves can be damaged when you pull too hard during delivery or by using instruments. Medical malpractice can be considered if injuries to the brachialplexus are triggered by the negligence or carelessness of a physician, nurse or hospital personnel. In the event of a successful case parents can be awarded compensation for medical expenses as well as occupational and physical therapy, and even surgery. To prove that a doctor was negligent the legal team will need to prove that they failed to provide the standard of medical care. They must also show that the error was the primary and most direct reason for the birth injury. In a majority of cases doctors make the mistake of over-stretch the baby'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 baby and cause strokes, which can affect either or both sides of their head. It is also common 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 whose child suffers from Erb's Palsy may be qualified for compensation. There is a time limit known as the statutes limitations, that restricts the length of time that a family can engage in legal action. The statute of limitations usually begins on the 18th birthday of an individual. If you believe that medical malpractice or negligence caused your child's Erb's Palsy it is essential to consult with an Erb's & Palsy lawyer immediately to determine if you have the right to pursue a lawsuit. Erb's Palsy is caused due to damage to the brachial plexus nerve in the neck of the baby and shoulder. erb's palsy lawsuit westminster of injury usually occurs when a child's head becomes stuck between the pelvic bones during labor or the delivery. The condition is known as shoulder dystocia. When medical professionals attempt to remove a stuck infant or a child, they may force too much pressure on the shoulders and the neck, which causes damage to the nerves of the arm. A midwife or doctor should be able of recognizing potential problems such as shoulder dystocia and know how they can safely deliver the baby without causing injury. If they fail to meet this requirement by pulling too heavily on the neck or the shoulders or the shoulders, it could be considered medical malpractice. Fortunately, those who suffer from medical malpractice are able to seek compensation to cover the medical bills of their child as well as ongoing care. Filing an action An attorney can assist a child who develops erb’s palsy due to medical negligence during birth file a lawsuit. The lawyer will sue the doctor or other medical professionals who caused the injury. The law suits can help parents obtain financial compensation for costs for therapy, medical bills as well as assistive devices and lost wages. They can also help families to feel a sense justice and closure. A free consultation with a lawyer who has experience is the first step in the legal process. If the lawyer believes the case is legal, they will send an official demand letter to defendants. The demand letter will outline the facts of the situation and the request for monetary compensation. During the discovery stage, the legal team will gather evidence and talk to witnesses to build a solid case. They will also present an account to the court. The legal team of the defendants will then look over and respond to the claim. Ideally, parties will come to a settlement that satisfies both parties. However there are cases that do not reach an agreement and a lot of cases will go to trial. During a trial, the judge and jury will listen to the arguments of both sides to determine a winner. If the plaintiff wins the case they will be awarded a payout. If the plaintiff loses, he or won't receive any payment at all.