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Erb's Palsy Legal Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to claim compensation for medical bills as well as therapy expenses. This kind of personal injury claim can aid parents in paying for the treatment of their child. The complication of a medical error during childbirth can result in abrasions or other injuries to the brachial plexus nerves. Doctors often require pressure during the delivery. However, if they apply too much pressure or do not know the amount of pressure required this could cause an injury. Medical Malpractice A medical malpractice claim is the result of a healthcare professional's failure to meet their standard of care in a particular set of circumstances. This could include inadequate care during pregnancy, inability to detect an issue with pregnancy (such as fetal macrosomia) or failing to perform C-sections when needed. Erb's palsy is caused by a condition affecting the brachial nerve system that controls movement and sensations in the shoulder, arm and hand. It is often caused by an injury or a pull that stretches or tears the nerves. In many cases, injuries that cause erb's palsy are preventable. This is a common birth injury that most parents are not aware of. When delivering, a parent has numerous thoughts going through their mind and it's easy to miss signs of an error that could lead to a serious medical error. An experienced erb's Palsy attorney can assist parents in determining if their child's condition is a result of medical negligence. If so it is possible to file a lawsuit filed to recover money that can be used towards medical treatments and assistive devices. Money cannot undo the effects of birth injuries but it can give a child the financial support they need to live a fulfilling life. The majority of cases involving erb's syphilis settle before trial, therefore you should act quickly. Birth Injury Living with erb's syndrome can be emotionally and financially draining. A settlement for Erb's palsy could help families pay for therapy, treatment, and assistive devices. The brachialplexus comprises a network of nerves in the arm of your child that provide sensory and coordinated movement to hands and arms. The nerves in this network can be damaged by pulling too hard during birth or by using instruments. Medical malpractice is a case of injuries to the brachialplexus are triggered through the negligence or inattention of a physician, nurse, or hospital staff. In a successful claim parents may be awarded the amount they owe for medical bills as well as occupational and physical therapy and surgery. In order to prove that a doctor was negligent the legal team has to prove that they failed to meet the standard of care. They must also prove that the failure was the main and primary reason for the birth injury. In a majority of cases doctors will pull on the infant's neck or shoulder in order to guide them into the birth canal. This action can stretch the nerves in the neck of the infant and trigger strokes that affect either or both sides of their head. It is also typical for a doctor to inadvertently use a vacuum extractor, or forceps in the event of a difficult birth to force a baby through the birth canal, which can cause nerve damage. Statute of limitations Parents whose child has erb's palsy may be qualified for compensation. However there is a specific deadline called the statute of limitations, which limits the time families have to pursue legal action. Generally, the statute of limitations starts on an individual's 18th birthday. If you suspect that negligence or medical malpractice caused your child's Erb's-Pallsy it is essential to consult with an Erb's & Palsy lawyer right away to determine whether you have the right to sue. Erb's palsy is caused by damage to the brachial-plexus nerve network in the neck and shoulder. Most often, this injury occurs when a child's head gets stuck under the pelvic bone during the birth or labor or delivery, a condition known as shoulder dystocia. When medical professionals attempt to free a baby stuck in the process, they might pull too hard on their shoulders and neck, damaging the nerves of the arm. A doctor or midwife should be able to recognize potential issues like shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they violate this duty by putting pressure on the neck or shoulders excessively, it could be considered malpractice. Fortunately, those suffering from medical malpractice can recover compensation to cover their child's medical expenses and ongoing treatment. Filing erb's palsy lawyer antioch If a baby develops erb's syndrome due to negligent medical care during the delivery, an attorney may aid the child in filing an action against the medical doctor and other medical care providers accountable for his or her injury. The law suits can help parents obtain financial compensation for costs for therapy, medical bills, assistive devices, and lost wages. They can also provide families with the satisfaction of having their issues resolved and a sense of closure. A no-cost consultation with a lawyer with experience is the first step in the legal process. If the lawyer believes that the case has merit the lawyer will submit a demand to the defendants. The demand letter will outline the facts of the case and an offer for compensation. During the discovery process, the legal team will collect evidence and interview witnesses in order to establish a solid case. The team will also file an official court report. The legal team of the defendants will then analyze 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 many are sent to trial. During a court trial, the jury and judge will hear both sides' arguments in order to determine the winner. If the plaintiff wins, he will be awarded a prize and the lawsuit will come to a close. If the plaintiff loses, he / is not eligible for compensation whatsoever.