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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to recover reimbursement for medical bills and therapy costs. This kind of personal injury claim can help parents pay their child's medical expenses. The birth of a child can cause abrasions, or other injuries to the nerves of the brachialplexus. Doctors often need to use force during birth. However should they apply too much pressure or fail to recognize how much pressure is needed it could cause an injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional's failure to meet their standard of care in a particular set of circumstances. This could be due to inadequate prenatal care, inability to recognize a pregnancy issue (such as fetal macrosomia) or failure to perform a Csection when necessary. Erb's palsy is a condition that affects the brachial plexus nerve system that controls movement and sensation in the shoulder, arm, and hand. It typically occurs due to an injury or a pull that causes tears or stretching of the nerves. In many cases, the injuries that cause erb's paralysis are avoidable. This is an extremely common birth injury that parents aren't aware of. During the delivery process the parent is juggling several things going through their heads and it's very easy to miss signs of a mistake that could cause an injury that is serious to the medical system. An experienced attorney for erb's palsy can assist parents in determining whether their child's condition is due to medical malpractice. If this is the case, a lawsuit can be filed for the financial compensation needed to pay for medical treatment and assistive equipment. Money can't undo the harms of birth injuries but it could give a child the financial support they need to live a fulfilling life. The majority of cases involving erb's syndrome settle before trial, therefore it is imperative to act fast. Birth Injury The emotional and financial burden of living with erb's syndrome is significant. Settlements for Erb's Palsy can help families cover therapies, treatments and assistive devices. The brachialplexus is a group of nerves that runs along your child's arm. It provides sensation and coordinated movements to their arms and hands. Forceful pulling during labor and delivery or the use of instruments can damage this network of nerves and cause Erb's palsy. Medical malpractice is the term used when injuries to the brachialplexus are caused by the carelessness or negligence of a doctor, nurse or hospital personnel. In the event of a successful claim, parents can receive the amount they owe for medical bills, physical and occupational therapy, and even surgery. In order to prove that a doctor was negligent the legal team must prove that they failed to meet the standards of care. They must also demonstrate that the error was the direct and proximate cause of the birth injury. In a majority of cases, doctors will pull on the baby's neck or shoulder when they are trying to get them into the birth canal. This can cause strain on the neck nerves of the baby and result in a stroke one or both sides. During a difficult delivery it is common for the doctor to utilize forceps or an extractor to force the infant through the birth canal. This can cause nerve damage. Statute of Limitations Parents of children suffering from erb's palsy may be entitled to compensation. However, there is a strict deadline known as the statute limitations, which limits the time families have to file legal actions. The statute of limitations typically begins on the 18th birthday of an individual. Parents who believe that their child's erb's palsy was caused by medical malpractice or negligence ought to consult an attorney for the Erb's syndrome immediately to determine if they are entitled to bring an action. Erb's Palsy is a condition that is caused by injury to the network of nerves in the shoulder and neck, also known as the brachial plexus. Often, this injury occurs when a baby's head is trapped beneath the pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals try to free a stuck infant in the womb, they may over-reach on the shoulders and neck, which damages the nerves that run through the arm. A doctor or midwife must be able anticipate complications such as shoulder dystocia, as well as know how to safely deliver a baby without causing injury to it. If they breach this duty by pulling on the neck or shoulders too hard and causing pain, it could be regarded as negligent. Medical malpractice victims can be awarded compensation for their child's ongoing treatment and medical expenses. Filing an action A lawyer can help a child who develops erb’s palsy due to medical negligence during birth file a lawsuit. The lawyer will then take action against the doctor or any other medical caregivers that caused the injury. Parents can seek financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also provide families with the satisfaction of having their issues resolved and a sense of closure. A free consultation with a seasoned lawyer is the first step in the legal process. If the lawyer is convinced that the case is valid, they will send an order letter to the defendants. The demand letter will contain the details of the case and an appeal for compensation. During the discovery stage, the legal team will collect evidence and speak with witnesses to create an evidence-based case. erb's palsy law firm rialto will also prepare the court report. The legal team of the defendants will then review and respond to the claim. In a perfect world the parties could reach an agreement that satisfied both sides. However, not all cases are settled and many go to trial. In a court trial a judge and jury will listen to both sides' arguments to decide who will win. If the plaintiff wins the case they will receive a payout. If the plaintiff loses, he / won't receive any compensation whatsoever.