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Erb's Palsy Legal Legal action for Erb's psy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This kind of personal injury claim could help parents pay their child's medical expenses. Medical errors during childbirth can result in abrasions or other damage to the brachialplexus's 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 result in injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional's breach of their standards of care in the context of a particular set of circumstances. This could include inadequate prenatal care, an inability to identify a pregnancy issue (such as fetal macrosomia), or failure to perform a C-section when necessary. Erb's palsy is a condition that affects the brachial nerve system that controls movement and sensation in the shoulder, arm, and hand. It usually occurs as a result of traumatizing pull or stretch that stretches or tears the nerves. In many cases, injuries that cause Erb's Palsy can be avoided. However, it is a very common birth injury that parents don't expect. In the process of birth, a parent has a million things running through their heads and it's quite easy to miss signs of an error which could result in an unintentional medical error. An experienced erb's palsy lawyer can assist parents in determining the cause of their child's illness caused by medical negligence. If it is there is a possibility of a lawsuit being filed to obtain financial compensation that can go towards medical treatments or assistive devices. While money won't completely erase the effects of birth injuries, it can provide the financial help the child needs to live a full life. The majority of cases involving erb's palsy settle before trial, so it is imperative to act fast. Birth Injury Living with erb's paralysis can be financially and emotionally draining. erb's palsy lawsuit indio for Erb's palsy can help families pay for therapies, treatments and assistive devices. The brachialplexus is a collection of nerves located in your child's arm that provide sensory and coordinated movement to the arms and hands. Forceful pulling during labor and birth or the use or manipulation of instruments can cause nerve damage and cause Erb's palsy. Brachial plexus injuries are considered medical malpractice if they are caused due to the negligence of a hospital or medical professional. In the event of a successful claim parents could receive the amount they owe for medical bills as well as occupational and physical therapy and surgery. To demonstrate that a physician is negligent the legal team has to demonstrate that they didn't meet the standard of medical treatment. They must also show that the negligence was a direct and proximate cause of the infant's injury. In many cases doctors will over-stretch the baby's neck or shoulder in order to guide them through the birth canal. This could stretch the nerves of the neck of the baby, causing strokes, which can affect either or both sides of their head. During a difficult delivery it is common for a doctor to make use of forceps or a vacuum extractor to push the child through the birth canal. This could cause nerve damage. Statute of Limitations Parents of children suffering from Erb's Palsy may be entitled to compensation. However there is a strict timeframe known as the statute of limitations that restricts the time families are required to pursue legal action. The statute of limitations usually 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 imperative to consult with an Erb's & Palsy lawyer immediately to determine whether you have the legal right to pursue a lawsuit. Erb's palsy is a complication that results from damage to the nerve network in the shoulder and neck, also known as the brachial plexus. This injury is often caused when the baby's head is stuck beneath the pelvic bones during labor or the delivery. This condition is known as shoulder dystocia. When medical professionals attempt to free a stuck infant, they can pull too hard on the shoulders and neck, which causes damage to the nerves in the arm. A doctor or midwife must be able to recognize potential complications such as shoulder dystocia and know how to safely deliver a baby without causing injury to it. If they violate this requirement by putting pressure on the neck or shoulders too much this could be construed as negligent. Fortunately, those suffering from medical malpractice can recover compensation to pay for the medical bills of their child and ongoing treatment. Filing an action If a baby is diagnosed with erb's palsy as a result of medical negligence during the birth An attorney can help him or her file a lawsuit against the doctor and other medical personnel responsible for his or her injury. Parents may be able to receive financial compensation for medical bills and therapy, as well as assistive devices and lost wages through lawsuits. They can also assist families find a sense justice and closure. The legal procedure for a lawsuit begins with a free consultation with a knowledgeable lawyer. If the lawyer believes the case is legal they will then send an order letter to the defendants. The demand letter will outline the facts of the situation and a request for monetary compensation. During the discovery phase the legal team will collect evidence and interview witnesses to build an evidence-based case. The team will also file the court report. The legal team of the defendants will then examine the claim and make a response of their own. In an ideal world, the parties would agree to an agreement that is satisfactory for both parties. Some cases are not resolved and a lot go to trial. In a court trial the jury and judge will hear both sides' arguments in order to determine the winner. If the plaintiff wins the case they will receive an amount. If the plaintiff loses then they won't get any money.