erb's palsy lawyers Palsy Legal

Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to seek compensation for medical bills and therapy expenses. This kind of personal injury claim can aid parents in paying for the care of their child.

Inaccurate medical interventions during childbirth could cause abrasions or other injuries to the nerves of the brachialplexus. Often doctors need to apply pressure during the delivery however if they apply too much or underestimate the amount of pressure, it could result in injury.

Medical Malpractice

A medical malpractice claim centers on a healthcare professional's breaching their standards of care in certain circumstances. This can include improper care during pregnancy, the inability to recognize a problem with pregnancy (such as fetal macrosomia) or failure to perform C-sections when necessary.

Erb's palsy is caused by an issue with the brachial nerve system that regulates movement and the sensations in the arm, shoulder, and hand. It is usually caused by a painful pull or stretch that tears or stretches the nerves.

In many instances, injuries that cause Erb's 'Palsy' can be avoided. It is an uncommon birth injury that parents aren't aware of. During the delivery process the parent is juggling several things going through their heads and it is very difficult to notice signs of an error that could cause a serious medical mistake.

An experienced lawyer who specializes in erb's paralysis can help parents determine if their child's condition was caused by medical negligence. If so there is a possibility of a lawsuit being brought to recover financial compensation that can go towards medical treatments or assistive devices. While money won't completely erase the effects of birth injuries, it can provide the financial help the child needs to live a fulfilling life. The majority of cases involving erb's palsy settle before trial, therefore you must act fast.

Birth Injury

Living with erb's palsy can be emotionally and financially draining. An Erb's palsy settlement can help families cover therapy, treatment and assistive devices. The brachialplexus refers to the nerves that run along your child's arm. It provides sensation and coordinated movements to their arms and hands. A forceful pull during labor and delivery or the use or manipulation of instruments can harm this nerve system and cause Erb's Palsy. Medical malpractice is a case of injuries to the brachialplexus result by the carelessness or negligence of a nurse, doctor or hospital personnel.

If a claim is successful parents could receive the amount they owe for medical bills as well as occupational and physical therapy and surgery. To prove that a doctor was negligent, the legal team must to show that they failed to provide the standard of medical care. They must also demonstrate that the negligence was the main and primary reason for the birth injury.

In many instances doctors make the mistake of pull too hard on an infant's neck or shoulder in order to guide them through the birth canal. This could stretch the neck nerves of the baby and result in a stroke on either or both sides. During a difficult delivery it is normal for a doctor to make use of forceps or a vacuum extractor to force the baby through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents of children suffering from erb's palsy attorneys palsy may be eligible for compensation. There is a deadline, called the statutes of limitations, which limits the time a family can take legal action.

The statute of limitation generally starts on the 18th birthday of an individual. If you believe that medical malpractice or negligence caused your child's Erb's-Pallsy it is essential to consult an Erb’s Palsy lawyer immediately to determine whether you have the right to sue.

Erb's psoriasis is caused by damage to the brachial-plexus nerve network in the neck of the baby and shoulder. Often, this injury occurs when a child's head becomes trapped beneath the pelvic bone during labor or delivery, a condition known as shoulder dystocia. When medical professionals attempt to remove a stuck baby or a child, they could push too hard on their necks and shoulders and end up damaging the nerves of the arm.

A midwife or doctor should be able anticipate complications such as shoulder dystocia, and understand how to safely deliver a baby without harming it. If they fail to fulfill this responsibility by pulling too heavily on the neck or shoulders, it could be considered medical malpractice. Fortunately, those who suffer from medical malpractice can recover compensation to pay for the medical bills of their child and ongoing care.

Filing a Lawsuit

If a baby develops erb's palsy as a result of negligent medical care during the delivery, an attorney could help him or her file a lawsuit against the medical doctor and other medical care providers accountable for his or her injury. Parents can get financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also assist families to feel a sense justice and closure.

A free consultation with a lawyer with experience is the first step in the legal process. If the lawyer is convinced that a case has merit then they will send a demand letter to the defendants. The demand letter will include the facts of the case as well the request for monetary compensation.

During the discovery stage, the legal team will collect evidence and interview witnesses to establish a solid case. They will also present an account to the court. The defendants' legal team will then review the claim and respond with their own.

Ideally, parties will reach an agreement that pleases both parties. There are cases that are not always settled, and some go to trial. During a trial, the jury and judge will hear the arguments of both sides to determine who wins. If the plaintiff wins the case they will be awarded a payment. If the plaintiff loses, the plaintiff will not receive any compensation.