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Erb's Palsy Legal Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to recover compensation for medical bills as well as therapy expenses. This kind of personal injury claim will help parents pay for their child's medical expenses. The birth of a child can cause abrasions, or other injuries to the brachialplexus's nerves. Often doctors need to apply force during delivery but if they do it too much or underestimate the amount of pressure they apply, it can cause an injury. Medical Malpractice A medical malpractice case focuses on a healthcare professional breaching their standard of care during an aforementioned set of circumstances. This could be due to inadequate prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or inability to perform a Csection when needed. Erb's palsy is caused by an issue with the brachial nerve system that controls the sensations and movement of the shoulder, arm and hand. It is usually caused by a painful pull or stretch which tears or stretch the nerves. In most cases, the injuries that cause erb's palsy are avoidable. This is a common birth injury that most parents are not aware of. During the delivery process, a parent has several things going through their mind and it is very easy to overlook signs of a mistake that could lead to a serious medical error. An experienced erb's Palsy attorney can assist parents in determining whether the child's condition is caused by medical negligence. If this is the case, a lawsuit can be filed to seek financial compensation to pay for medical treatment and assistive equipment. Money cannot undo the effects of birth injuries but it can provide a child with the financial aid they need to live a fulfilled life. The majority of cases involving erb's syndrome settle before trial, therefore you must act fast. Birth Injury The emotional and financial burden of living with erb's syndrome is immense. A settlement for Erb's palsy can assist families with treatment, therapy and assistive devices. The brachialplexus is the group of nerves that runs through the arm of your child. It gives sensation and coordinated movements to their arms and hands. This nerve network could be damaged if you pull too hard during birth or by using instruments. Medical malpractice is a case of injuries to the brachialplexus are caused by the negligence or carelessness of a nurse, doctor or hospital staff. Parents who prevail in their case will receive compensation for medical bills, physical therapy, occupational therapy and even surgery. In order to prove that the doctor was negligent the legal team has to prove that they failed to meet the standard of care. They must also prove that the error was the primary and most direct cause of the birth injury. In a lot of cases, doctors will pull on the infant's neck or shoulder in an attempt to bring them into the birth canal. This could stretch the nerves of the baby's neck and cause a stroke, affecting one or both sides of their head. It is also common for a doctor to inadvertently use a vacuum extractor forceps in the event of a difficult birth to push a baby through the birth canal, which could cause nerve damage. Statute of Limitations Parents of children with erb's syndrome may be qualified for compensation. However there is a strict deadline called the statute of limitations, which limits the time families are required to take legal action. The statute of limitations generally commences at the age of 18 of an individual. If you believe that negligence or medical malpractice caused your child's erb's palsy it is essential to speak with an Erb's Palsy lawyer right away to determine if you have the right to sue. Erb's Palsy is a condition that is caused by damage to the nerve system in a baby's shoulder or neck, which is known as the brachial plexus. This injury is often caused when the baby's head is trapped under the pelvic bones during labor or the delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to remove a stuck baby and head, they can pull too hard on their necks and shoulders, damaging the nerves of the arm. A midwife or doctor should be able to spot potential complications such as shoulder dystocia and be able to safely deliver the baby without causing injury. If they fail to fulfill this obligation by putting pressure on the shoulders or neck excessively and causing pain, it could be regarded as negligence. Medical malpractice victims can receive compensation for their child's ongoing treatment and medical expenses. Filing erb's palsy law firm alexandria can assist the child who is diagnosed with erb's palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will pursue the doctor or other medical caregivers that caused the injury. Legal action can help parents receive financial compensation to cover medical bills, therapy costs as well as assistive devices and lost wages. They can also give families the feeling of justice and closure. The legal process for filing a lawsuit begins with a no-cost consultation with a seasoned lawyer. If the attorney feels that the case is legitimate and enforceable, they will send an official demand letter to defendants. The demand letter will contain the facts of the case as well an offer for compensation in the form of money. In the discovery phase, the legal team will gather evidence and speak with witnesses to establish a solid case. They will also present a report to the court. The legal team of the defendants will then look over and respond to the claim. In a perfect scenario, the parties could reach an agreement that is satisfactory for both sides. Not all cases are resolved and a lot go to trial. In a trial, the judge and jury will listen to both sides' arguments to decide on a winner. If the plaintiff is successful, he or she will receive a payout and the lawsuit will end. If the plaintiff loses, the plaintiff will not receive any compensation.