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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to obtain reimbursement for medical bills and therapy expenses. This type of personal injury claim may help parents pay for the care of their child. The complication of a medical error during childbirth can result in abrasions or other injuries to the brachial plexus nerves. In many cases, doctors have to apply force during delivery but if they do it too much pressure or do not accurately gauge the amount of pressure they apply, it could cause injury. Medical Malpractice A medical malpractice claim centers on a healthcare professional's breaching their standard of care under a specific set of circumstances. This may include care that was not provided during pregnancy, inability to detect any pregnancy-related issues (such as fetal macrosomia) or failing to perform C-sections as required. Erb's palsy is caused by an issue with the brachial nerve network that regulates the movement and sensations of the shoulder, arm, and hand. It is often caused by a traumatizing pull or stretch that stretches or tears the nerves. In many cases, the injuries that cause Erb's 'Palsy' can be avoided. However, it is an extremely common birth injury that many parents aren't prepared for. When delivering parents have several things going through their head and it is very easy to miss the signs of a mistake that could lead to a serious medical mistake. An experienced erb's palsy lawyer can assist parents in determining the cause of their child's illness caused by medical negligence. If this is the situation, a suit can be filed to seek the financial compensation needed to pay for medical treatments and assistive equipment. The money won't reverse the effects of birth injuries however, it can provide a child with the financial aid they need to live a fulfilled life. The majority of cases involving erb's palsy settle before trial, so you must act fast. Birth Injury The experience of living with erb's palsy could be financially and emotionally draining. Settlements for Erb's Palsy can help families cover treatment, therapy and assistive devices. The brachialplexus is a collection of nerves in your child's arm that provide a sense of touch and coordinated movement to hands and arms. Forceful pulling during labor and delivery or the use or manipulation of instruments can harm this nerve system and lead to the development of Erb's palsy. Injuries to the brachial nerve are considered medical malpractice if they were caused through the negligence of a medical professional or hospital staff. If a claim is successful parents may be awarded reimbursement for medical bills as well as occupational and physical therapy and surgery. To prove that a doctor is negligent, the legal team needs to demonstrate that they didn't meet the standard of medical treatment. They must also prove that the negligence was the main and primary cause of the birth injury. In a lot of cases doctors pull on the neck or shoulder of the infant when trying to get them into the birth canal. This can cause strain on the neck nerves of the infant and result in a stroke on either or both sides. In the event of a difficult birth, it is common for the doctor to utilize forceps or an extractor to push the child through the birth canal. This can result in nerve damage. Statute of Limitations Parents whose child suffers from erb's palsy may be eligible for compensation. There is a time limit known as the statutes of limitations, that limits the length of time that a family can pursue legal action. The statute of limitations generally commences at the age of 18 of an individual. Parents who believe that their child's erb's paralysis was caused by medical negligence or negligence should consult an attorney for the Erb's syndrome as soon as possible to determine if they are entitled to file an action. Erb's palsy is a complication that results from damage to the nerve system in the shoulder and neck, known as the brachial plexus. The injury is usually caused by the child's head getting stuck under the mother's pelvic bones during labor or birth. This condition is referred to as shoulder dystocia. When medical professionals attempt to free a stuck infant or a child, they may over-reach on the shoulders and the neck, which may damage the nerves that run through the arm. A doctor or midwife must be able to anticipate problems such as shoulder dystocia, as well as know how to safely give birth without injury to it. If they violate this duty by pulling on the neck or shoulders too hard this could be construed as negligence. Medical malpractice victims can receive compensation for the ongoing care of their child and medical expenses. Filing an action If a baby is diagnosed with erb's palsy due to medical negligence during delivery an attorney could help him or her file a lawsuit against the medical professional and other medical professionals responsible for his or her injury. The law suits can help parents obtain financial compensation that covers medical bills, therapy costs as well as assistive devices and lost wages. They can also assist families find a sense justice and closure. A no-cost consultation with a lawyer who has experience is the first step in the legal process. If the lawyer believes the case has merit then they will submit a demand to the defendants. erb's palsy lawsuit buena park will contain the details of the case and an appeal for compensation. During the discovery phase in the discovery phase, the legal team will collect evidence and interview witnesses to build a strong case. The team will also prepare a court document. The legal team of the defendants will analyze and respond to the claim. In a perfect scenario, the parties would agree to an agreement that satisfied both sides. However, not all cases reach the point of settlement, and many will go to trial. In a trial the jury and judge will listen to both sides' arguments to decide who is the winner. If the plaintiff is successful, he or she will receive a payout and the lawsuit will come to a close. If the plaintiff loses, the plaintiff won't be able to receive any compensation.