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Erb's Palsy Legal Erb's palsy legal involves the filing of an insurance claim or lawsuit to recover compensation for medical bills and therapy expenses. This kind of personal injury claim could help parents pay their child's medical expenses. Medical mistakes during child birth can lead to abrasions and other injuries to the brachial plexus nerves. In many cases, doctors have to apply pressure during the delivery however if they apply too much pressure or do not accurately gauge the pressure needed, it could cause injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional's breach of their standards of care in an aforementioned set of circumstances. This could be due to inadequate prenatal care, a failure to identify a pregnancy issue (such as fetal macrosomia) or failing to perform a C-section when required. Erb's Palsy is caused due to an illness that affects the brachial nerve that controls movement and sensations in the shoulder, arm and hand. It is often caused by an injury or a pull which tears or strains the nerves. In many cases, the injuries that cause Erb's-Pallsy could be prevented. However, this is an extremely common birth injury that many parents aren't prepared for. During the birthing process, parents are distracted by a variety of things and it's easy to overlook warning indicators that could lead serious medical errors. An experienced lawyer who specializes in erb's paralysis can assist parents in determining the cause of their child's illness caused by medical negligence. If so, a lawsuit may be filed to seek money that can be used towards medical treatments or assistive devices. It is not able to reverse the consequences of birth injuries but it could provide a child with the financial aid they need to live a fulfilling life. Most erb’s palsy cases settle before trial, so you must act fast. Birth Injury The financial and emotional strain of living with erb's paralysis is significant. An Erb's Palsy settlement may help families pay for therapy, treatment, and assistive devices. The brachial plexus is a group of nerves that are located in the arm of your child which provide sensation and coordinated movement to hands and arms. erb's palsy attorneys fontana could be damaged by pulling too hard during delivery or by using instruments. Medical malpractice is considered when injuries to the brachialplexus are triggered due to the negligence or carelessness of a doctor, nurse or hospital personnel. Parents who prevail in their case can be awarded compensation for medical expenses and physical therapy, occupational therapy as well as surgery. To prove that a doctor was negligent, the legal team needs to show that they failed to meet the standards of medical care. They must also demonstrate that the failure was the sole and primary cause of the birth injury. In a lot of cases doctors mistakenly pull too hard on the baby's neck or shoulder in order to guide them through the birth canal. This could cause stretching of the neck nerves of the baby and cause a stroke to one or both sides. It is also typical for a physician to improperly use a vacuum extractor, or forceps in the event of a difficult birth to force a child through the birth canal, which can cause nerve damage. Statute of limitations Parents of children with erb's paralysis may be entitled to compensation. There is a time limit, called the statutes of limitations, which limits how long a family can legally pursue legal action. The statute of limitations typically commences at the age of 18 of an individual. If you suspect that negligence or medical malpractice caused your child's erb's palsy It is crucial to consult with an Erb's & Palsy lawyer immediately to determine whether you are entitled to sue. Erb's palsy is a complication that is caused by damage to the nerve network in a baby's shoulder or neck, known as the brachial plexus. The most common cause of this injury is when a child's head gets stuck underneath the mother's pelvic bone during labor or birth, a condition known as shoulder dystocia. When medical professionals attempt to free a child who is stuck in the process, they might over-reach their shoulders and neck, causing damage to nerves in the arm. A midwife or doctor must be able to spot potential issues such as shoulder dystocia and be able to safely deliver the baby without causing an injury. If they violate this requirement by putting pressure on the neck or shoulders too much and causing pain, it could be regarded as negligent. Medical malpractice victims may be eligible for compensation for their child's ongoing treatment and medical bills. Filing a Lawsuit If a baby is diagnosed with erb's palsy as a result of medical negligence during the birth, an attorney may aid the child in filing a lawsuit against the doctor and other medical personnel accountable for the injury. Parents may be able to receive financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also assist families find a sense justice and closure. A free consultation with a lawyer who has experience is the first step in the legal process. If the lawyer believes the case is a valid one, they will send an official demand letter to defendants. The demand letter will contain the facts of the case and a request for monetary compensation. During the discovery stage the legal team will gather evidence and talk with witnesses to construct a convincing case. They will also present an account to the court. The legal team of the defendants will then review and respond to the claim. In a perfect world the parties would come to a settlement that was satisfactory to both sides. However, not all cases are settled, and some go to trial. In a court trial the jury and a judge will consider 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.