erb's palsy lawsuits 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 for the treatment of their child.

Medical errors during childbirth can cause abrasions, or other injuries to the brachialplexus's nerves. Doctors often need to use pressure during the delivery. However when they apply excessive pressure or don't know the amount of pressure required this could cause an injury.

Medical Malpractice

A medical malpractice claim is the result of medical professionals' failure to perform their standard of care in a particular set of circumstances. This may include care that was not provided during pregnancy, inability to identify the presence of a pregnancy-related issue (such as fetal macrosomia), or failures to perform C-sections as required.

Erb's palsy is a disorder that affects the brachial nerve system that controls movement and sensation in the shoulder, arm and hand. It is often caused by an injury or a pull that causes tears or stretching of the nerves.

In most cases, the injuries that cause erb's Palsy can be prevented. But, it's an extremely common birth injury that parents don't anticipate. When delivering parents have a million things running through their head and it's difficult to notice signs of an error which could result in a serious medical mistake.

An experienced erb's Palsy attorney can help parents determine whether the child's condition is a result of medical negligence. If so it is possible to file a lawsuit brought to recover financial compensation that can go towards medical treatments or assistive devices. Although money cannot completely erase the effects of a birth injury, it can provide the financial help a child needs to live a fulfilling life. The majority of cases involving erb's palsy settle before trial, so you must act quickly.

Birth Injury

The financial and emotional strain of living with erb's paralysis is immense. A settlement for Erb's palsy could aid families in paying for treatment, therapy, and assistive devices. The brachialplexus comprises a network of nerves located in your child's arm that provide sensation and coordinated movement to hands and arms. The nerves in this network can be damaged if you pull too hard during birth or using instruments. Brachial plexus injuries are considered medical malpractice if they were caused due to the negligence of a medical professional or hospital staff.

Parents who prevail in their case will be awarded compensation for medical expenses, physical therapy, occupational therapy and even surgery. In order to prove that the doctor was negligent the legal team has to demonstrate that they did not meet the standards of care. They must also prove that the error was the main and primary cause of the birth injury.

In a lot of cases, doctors will pull on the infant's shoulder or neck in an attempt to bring them into the birth canal. This can strain the nerves of the baby's neck and cause strokes, which can affect either or both sides their head. If the birth experience is difficult, it is common for the doctor to utilize forceps or an extractor erb's Palsy attorney to force the infant through the birth canal. This can cause nerve damage.

Statute of Limitations

Parents of children suffering from Erb's palsy could be eligible for compensation. There is a time limit known as the statutes of limitations, that limits the time a family can pursue legal action.

Generally speaking, the statute of limitations is set on an individual's 18th birthday. If you believe that negligence or medical malpractice caused your child's erb's palsy, it is important to consult with an Erb's & Palsy lawyer immediately to determine if you have the right to pursue a lawsuit.

Erb's syndrome is a condition that is caused by injury to the nerve system in a baby's shoulder and neck, known as the brachial plexus. Most often, this injury occurs when the head of a child gets stuck under the pelvic bone during labor or birth, a condition known as shoulder dystocia. When medical professionals attempt to remove a child who is stuck, they may push too hard on their necks and shoulders and erb's Palsy attorney end up damaging the nerves of the arm.

A doctor or midwife should be able to anticipate problems, such as shoulder dystocia, and know how to safely give birth without injury to it. If they fail to fulfill this obligation by pulling on the shoulders or neck too hard or bending the neck too much, it could be considered malpractice. Medical malpractice victims may be eligible for compensation for the ongoing care of their child and medical bills.

Filing a Lawsuit

If a baby is diagnosed with erb's palsy as a result of medical negligence during birth an attorney could help him or her file an action against the doctor and other medical caregivers responsible for their injury. Legal action can help parents receive financial compensation for costs for therapy, medical bills as well as assistive devices and lost wages. They can also assist families feel a sense of justice and closure.

A free consultation with a seasoned lawyer is the first step in the legal process. If the lawyer is convinced that the case is legal the lawyer will issue a demand letter to the defendants. The demand letter should contain the facts of the situation and a request for financial compensation.

During the discovery process the legal team will collect evidence and interview witnesses in order to build a solid case. They will also present an account to the court. The defendants' legal team will review the case and then respond with their own.

In a perfect world, the parties could reach an agreement that satisfied both sides. However, not all cases are settled and many go to trial. In a court trial a judge and jury will consider both sides' arguments to determine who wins. If the plaintiff wins the case they will receive an amount. If the plaintiff loses then the plaintiff will not receive any money.