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Erb's Palsy Legal Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to obtain compensation for medical bills as well as therapy costs. This kind of personal injury claim can help parents pay the medical bills of their child. The complication of a medical error during childbirth can cause abrasions and other injuries to the brachial plexus nerves. In many cases, doctors have to apply pressure during the delivery but if they apply excessive force or fail to gauge the amount of pressure, it could result in an injury. Medical Malpractice A medical malpractice case focuses on a healthcare professional's breaching their standard of care during certain circumstances. This may include care that was not provided during pregnancy, inability to identify an issue with pregnancy (such as fetal macrosomia) or failure to perform C-sections as required. Erb's syndrome is a condition that affects the brachial plexus nerve system that controls movement and sensation in the arm, shoulder, and hand. It often results from an injury or a pull that stretches or tears the nerves. In many instances, injuries that cause Erb's 'Palsy' can be prevented. However, this is an uncommon birth injury that a lot of parents don't expect. During the birthing process, parents are distracted by many things and it's very easy to miss the signs that could lead to serious medical mistakes. An experienced lawyer for erb's syndrome can assist parents in determining if the child's condition is a result of medical malpractice. If so the lawsuit could be filed to recover an amount of money to be used toward medical treatments and assistive devices. It is not able to reverse the consequences of birth injuries but it could give a child the financial aid they need to live a full and happy life. Most erb’s palsy cases end up being settled before trial, which is why it is imperative to act fast. Birth Injury The financial and emotional strain of living with erb’s palsy is considerable. A settlement for Erb's palsy can help families cover treatment, therapy and assistive devices. The brachialplexus is the nerve system that runs through your child's arm. It gives sensation and coordinated movements to their arms and hands. The forceful pulling that occurs during labor and delivery or the use of instruments could cause nerve damage and cause Erb's Palsy. Medical malpractice is a case of injuries to the brachialplexus are caused by the carelessness or negligence of a nurse, doctor or hospital personnel. Parents who prevail in their case will be awarded compensation for medical expenses, physical therapy, occupational therapy, and surgery. To demonstrate that a physician is negligent, the legal team has to demonstrate that they failed to meet the standard of medical care. They must also show that the failure was the sole and primary reason for the birth injury. In many instances doctors mistakenly pull too hard on the neck or shoulder of a newborn when attempting to get them through the birth canal. This can strain the nerves of the baby's neck and cause a stroke, affecting one or both sides of their head. It is also common for a physician to improperly use a vacuum extractor or forceps in the event of a difficult birth to push a baby through the birth canal, which can cause nerve damage. Statute of Limitations Parents of children who has erb's parisis may be entitled to compensation. There is a deadline, called the statutes of limitations, which limits how long a family can engage in legal action. The statute of limitations usually starts on the 18th birthday of an individual. If you suspect that medical malpractice or negligence caused your child's erb's palsy it is essential to consult an Erb's-Palsy lawyer right away to determine whether you have the right to pursue a lawsuit. Erb's palsy is a condition which is caused by damage to the nerve network in the baby's shoulder and neck, known as the brachial plexus. This condition is typically caused by the child's head getting stuck under the mother's pelvic bones during labor or birth. This condition is called shoulder dystocia. When medical professionals attempt to extract a stuck infant and push too hard on the shoulders and the neck, which may damage the nerves in the arm. A doctor or midwife should be able to recognize potential complications like shoulder dystocia, and know how to safely give birth without injury to it. If they violate this duty by putting pressure on the shoulders or neck too hard, it could be considered negligence. Fortunately, those who suffer from medical malpractice can seek compensation to cover their child's medical bills and ongoing medical care. Filing an action An attorney can help those children who suffer from erb's palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical personnel who caused the injury. Parents can receive financial compensation for medical bills and therapy, as well as assistive devices and lost wages through lawsuits. They can also assist families to feel a sense justice and closure. A free consultation with a seasoned lawyer is the first step in the legal process. If the attorney feels that the case is valid and enforceable, they will send an official demand letter to 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 collect evidence and interview witnesses to build a solid case. They will also present a report to the court. The defendants' legal team will review the case and respond with their own. In erb's palsy lawsuit hemet , the parties would reach an agreement that is satisfactory for both sides. Some cases are not settled, and many are sent to trial. During a trial, the judge and jury will listen to both sides' arguments to decide who is the winner. If the plaintiff wins the case, they will receive a payout. If the plaintiff loses then the plaintiff won't be able to receive any money.