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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to seek compensation for medical bills as well as therapy expenses. This kind of personal injury claim could help parents pay their child's medical expenses. Mistakes in the birth process can result in abrasions or other injuries to the brachial plexus nerves. Doctors are often required to apply pressure during the birth. However, if they apply too much pressure or fail to recognize the amount of pressure required it could cause an injury. Medical Malpractice Medical malpractice claims focus on a healthcare professional's breach of their standards of care in a specific set of circumstances. This may include care that was not provided during pregnancy, failure to recognize any pregnancy-related issues (such as fetal macrosomia) or failing to perform C-sections when necessary. Erb's syndrome is a condition that affects the brachial plexus nerves that regulate movement and sensation in the arm, shoulder and hand. It is often caused by an injury or a pull that stretches or tears the nerves. In most cases, the injuries that cause erb's palsy are avoidable. However, this is a common type of birth injury that many parents don't anticipate. When delivering parents have many thoughts running through their head and it's easy to miss signs of an error that could result in a serious medical error. An experienced lawyer who specializes in erb's paralysis can help parents determine the cause of their child's illness caused by medical negligence. If it is the lawsuit could be brought to recover an amount of money to be used towards medical treatments and assistive devices. While money won't completely erase the effects of birth injuries, it can provide the financial assistance the child needs to live a full and healthy life. The majority of cases involving erb's syndrome are settled before trial, so it is imperative to act fast. Birth Injury The financial and emotional strain of living with erb's palsy is significant. Settlements for Erb's Palsy can help families pay for treatment, therapy and assistive devices. The brachialplexus comprises the group of nerves that runs along your child's arm. It gives sensation and coordinated movements to their arms and hands. The nerves in this network can be damaged by pulling too hard during delivery or by using instruments. Medical malpractice is the term used when injuries to the brachialplexus result through the negligence or inattention of a nurse, doctor or hospital staff. Parents who win their case may be awarded compensation for medical bills such as physical therapy, occupational therapy, and surgery. To prove that the doctor was negligent the legal team must prove that they did not meet the standard of care. They must also show that this negligence was a direct and significant cause of the infant's birth injury. In many instances, a doctor will mistakenly pull too hard on an infant's neck or shoulder when trying to guide them through the birth canal. This could stretch the nerves of the neck of the infant and trigger a stroke, affecting either or both sides their head. It is also typical for a doctor to inadvertently use a vacuum extractor, or forceps during a difficult birth. This can force a baby through the birth canal, which can cause nerve damage. erb's palsy attorney mission of Limitations Parents who have a child who has erb's parisis may be entitled to compensation. There is a time limit known as the statutes limitations, which limits how long a family may engage in legal action. The statute of limitations typically starts at the age of 18 of an individual. Parents who believe that their child's erb's-related palsy was the result of medical malpractice or negligence should consult an attorney who specializes in Erb's palsy as soon as possible to determine if they are entitled to file an action. Erb's palsy is a condition that is caused by damage to the nerve network in the baby's shoulder and neck, also known as the brachial plexus. This type of injury usually occurs by the child's head getting trapped under the pelvic bones during labor or the delivery. This condition is known as shoulder dystocia. When medical professionals try to remove a stuck infant, they can push too hard on the shoulders and the neck, which damages the nerves that run through the arm. A doctor or midwife should be able of recognizing potential complications such as shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they fail to fulfill this obligation by pulling on the shoulders or neck too hard and causing pain, it could be regarded as malpractice. Fortunately, victims of medical malpractice can recover compensation to pay for their child's medical bills and ongoing treatment. Filing a Lawsuit An attorney can assist the child who is diagnosed with erb's palsy as a result of medical negligence during birth file a lawsuit. The lawyer will bring a lawsuit against the doctor or other medical caregivers that caused the injury. The law suits can help parents obtain financial compensation that covers medical bills, therapy costs, assistive devices, and lost wages. They can also provide families with an understanding of justice and closure. The legal procedure for a lawsuit begins with a free consultation with an experienced lawyer. If the lawyer is convinced that a case has merit the lawyer will issue a demand note to the defendants. The demand letter will outline the details of the case, as well as a request for compensation. During the discovery process the legal team will gather evidence and interview witnesses in order to construct a strong case. They will also submit a report to the court. The legal team of the defendants will examine and respond to the claim. In a perfect world, the parties would come to an agreement that is satisfactory for both parties. However there are cases that do not reach the point of settlement, and many end up going to trial. In a trial, a jury and judge will hear the arguments of both sides to decide who is the winner. If the plaintiff wins the case they will be awarded a payment. If the plaintiff loses, he / will not receive any payment at all.