Erb s Palsy Attorneys Explained In Less Than 140 Characters
Erb's Palsy Legal
Erb's legal issue involves the filing of an insurance claim or lawsuit to seek compensation for medical bills and therapy costs. This kind of personal injury claim will help parents pay for their child's medical expenses.
Medical errors during childbirth can cause abrasions and other injuries to the nerves of the brachialplexus. Most doctors will need to apply pressure during birth however if they apply excessive force or fail to gauge the amount of pressure applied, it could result in an injury.
Medical Malpractice
A medical malpractice claim is an accusation of the failure of a healthcare professional to adhere to their standard of care in a particular set of circumstances. This may include care that was not provided during pregnancy, inability to detect an issue with pregnancy (such as fetal macrosomia) or failing to perform C-sections if needed.
Erb's Palsy is a condition that affects the brachial nerve system that controls movement and sensation in the shoulder, arm and hand. It is usually caused by a traumatic stretch or pull that tears or stretches the nerves.
In many instances, injuries that cause Erb's 'Palsy' can be avoided. However, this is an uncommon birth injury that many parents aren't prepared for. During the birth process, a parent has numerous thoughts going through their head and it's quite difficult to notice signs of a mistake that could cause an unintentional medical error.
An experienced erb's palsy lawyer can assist parents in determining whether their child's condition was due to medical negligence. If this is the case, a lawsuit may be filed to seek financial compensation to pay for medical treatments and assistive devices. While money won't completely erase the effects of birth injuries, it could provide the financial aid that a child requires to live a healthy and fulfilling life. The majority of cases involving erb's syndrome settle before trial, so you should act quickly.
Birth Injury
Living with erb's palsy can be financially and emotionally draining. An Erb's palsy settlement can assist families with therapies, treatments and assistive devices. The brachialplexus comprises a network of nerves in the arm of your child that provide sensory and coordinated movement to the hands and arms. This network of nerves can be damaged when you pull too hard during birth or using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused by the negligence of hospital or medical professional.
Parents who prevail in their case will be awarded compensation for medical expenses and physical therapy, occupational therapy and even surgery. To prove that a doctor is negligent, the legal team must to demonstrate that they failed to provide the requirements of medical care. They must also demonstrate that the negligence was a direct, proximate cause of the infant's birth injury.
In many instances doctors will pull on the infant's shoulder or neck when they are trying to get them into the birth canal. This can stretch the neck nerves of the infant and result in a stroke either or both sides. It is also typical for a doctor not to properly use a vacuum extractor forceps during a difficult birth. This can force a baby through the birth canal, which could cause nerve damage.
Statute of Limitations
Parents who have a child who has erb's palsy lawsuit parisis may be entitled to compensation. There is a deadline known as the statutes of limitations, which limits the length of time that a family can take legal action.
Generally, the statute of limitations begins on an individual's 18th birthday. Parents who believe that their child's erb's-related palsy was the result of medical malpractice or negligence should speak with an Erb's palsy lawyer immediately to determine whether they are entitled to bring a lawsuit.
Erb's palsy is caused by damage to the brachial-plexus nerve network in the neck of the baby and shoulder. The injury is usually caused by the child's head getting stuck under the mother's pelvic bones during labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to free a child stuck, they can pull too hard on the shoulders and the neck, which can damage the nerves in the arm.
A doctor or midwife must be able to anticipate any complications such as shoulder dystocia, and know how to safely deliver a baby without harming it. If they violate this duty by pulling on the neck or shoulders too hard, it could be considered negligence. Fortunately, those suffering from medical malpractice can seek compensation to pay for their child's medical expenses and ongoing treatment.
Filing an action
An attorney can assist a child who develops erb’s palsy because of medical negligence at birth, file a lawsuit. The lawyer will then pursue the doctor erb's palsy lawyer or other medical personnel who caused the injury. Lawsuits can assist parents in obtaining financial compensation for costs for therapy, medical bills as well as assistive devices and lost wages. They 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 that the case has merit and merits a lawsuit, they will issue a demand note to the defendants. The demand letter should contain the facts of the case as well an offer for compensation in the form of money.
During the discovery phase the legal team will gather evidence and interview witnesses to build a solid case. The team will also file an official court report. The legal team of the defendants will examine and respond to the claim.
In a perfect world, the parties would reach a settlement which satisfied both parties. However, not all cases reach the point of settlement, and many will go to trial. In a trial, a judge and jury will hear both sides' arguments to determine who wins. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses, the plaintiff won't be able to receive any compensation.
