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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 could help parents pay their child's medical bills. Medical errors during childbirth can cause abrasions, or other injuries to the nerves of the brachialplexus. Doctors often need to use force during birth. However, if they apply too much pressure or fail to recognize the amount of pressure required, it can lead to an injury. Medical Malpractice A medical malpractice claim is caused by medical professionals' failure to adhere to their standard of treatment in a specific set of circumstances. This could be due to improper care during pregnancy, inability to identify an issue with pregnancy (such as fetal macrosomia) or failure to perform C-sections if needed. Erb's Palsy is a condition that affects the brachial plexus nerves that control movement and sensation in the shoulder, arm, and hand. It usually occurs as a result of an injury or a pull that causes tears or stretching of the nerves. In many cases, the injuries that cause Erb's palsy can be avoided. This is a common birth defect that the majority of parents aren't aware of. During the delivery process there are several things going through their head and it's quite difficult to notice signs of an error which could result in a serious medical error. An experienced lawyer who specializes in erb's paralysis can help parents determine whether their child's condition was caused by medical negligence. If this is the case, a lawsuit may be filed for the financial compensation needed to pay for medical treatments and assistive equipment. Although money cannot erase the effects of birth injuries, it can provide the financial support needed by a child to live a fulfilling life. The majority of cases involving erb's syndrome are settled before trial, so you must act quickly. Birth Injury Living with erb's palsy can be financially and emotionally draining. An Erb's-Palsy settlement could aid families in paying for therapy, treatments, and assistive devices. The brachialplexus is a collection of nerves in your child's arm that provide sensory and coordinated movement to the 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. Injuries to the brachial nerve are considered medical malpractice if they are caused due to the negligence of a medical professional or hospital staff. Parents who win their case will get compensation for medical expenses, physical therapy, occupational therapy as well as surgery. To prove that a doctor was negligent the legal team needs to show that they failed to meet the standard of medical treatment. They must also show that the error was the main and primary reason for the birth injury. In many instances doctors will pull on the infant's neck or shoulder in order to guide them into the birth canal. This could cause stretching of the neck nerves of the infant and cause a stroke on either or both sides. In the event of a difficult birth the norm is for the doctor to make use of forceps or a vacuum extractor to force the child through the birth canal. This could cause nerve damage. Statute of Limitations Parents who have a child with erb's syndrome may be entitled to compensation. However, there is a strict deadline known as the statute limitations that limit the time families are required to file legal actions. Generally, the statute of limitations begins at the age of 18. Parents who believe that their child's erb's syndrome was the result of medical malpractice or negligence should speak with an Erb's palsy lawyer as soon as they can to determine whether they are entitled to bring an action. Erb's syndrome is a condition that is caused by injury to the nerve network in the baby's shoulder and neck, also known as the brachial plexus. This injury is often caused when a child's head becomes stuck between the pelvic bones during labor or the delivery. This condition is known as shoulder dystocia. When medical professionals try to extract a stuck infant and push too hard on the shoulders and neck, which can damage the nerves that run through the arm. A doctor or midwife should be able to recognize potential problems such as shoulder dystocia and be able to safely deliver the baby without causing an injury. If they violate this requirement by putting pressure on the shoulders or neck excessively or bending the neck too much, it could be considered negligent. The victims of medical malpractice can receive compensation for their child's ongoing treatment and medical expenses. Filing an action If a baby is diagnosed with erb's paralysis due to medical negligence during the birth, an attorney may help the baby file a lawsuit against the medical doctor and other medical care providers accountable for the injury. Legal action can help parents receive financial compensation that covers medical bills, therapy costs, assistive devices, and lost wages. erb's palsy attorney lynn can also assist families achieve a sense of justice and closure. A no-cost consultation with a lawyer with experience is the first step in the legal process. If the lawyer believes an argument is valid, they will issue a demand note to the defendants. The demand letter should contain the facts of the case, as well as an appeal for compensation. During the discovery phase, the legal team will collect evidence and interview witnesses to build an argument that is strong. They will also present a report to the court. The legal team of the defendants will then examine the claim and then respond with their own. In an ideal world, the parties could reach a settlement that was satisfactory to both sides. However it is not always the case that cases reach a settlement and many will go to trial. In a court trial jurors and judges examine both sides' arguments to determine the winner. If the plaintiff wins the case they will receive a payout. If the plaintiff loses, he / is not eligible for payment at all.