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Erb's Palsy Legal Legal action for Erb's palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This kind of personal injury claim can aid parents in paying for the treatment of their child. Medical errors during childbirth can cause abrasions, or other injuries to the nerves of the brachialplexus. Most doctors will need to apply force during delivery but if they apply too much pressure or do not accurately gauge the amount of pressure, it can cause an injury. Medical Malpractice A medical malpractice claim is caused by medical professionals' failure to adhere to their standard of treatment in a specific set of circumstances. This can include improper prenatal care, an inability to identify a pregnancy issue (such as fetal macrosomia) or failing to perform a C section when necessary. Erb's palsy is a condition that affects the brachial plexus nerves that regulate movement and sensation in the arm, shoulder, and hand. It is often caused by a traumatizing stretch or pull that tears or strains the nerves. In many instances, injuries that cause Erb's Palsy can be prevented. But, it's an extremely common birth injury that a lot of parents don't anticipate. During the birthing process, parents are distracted by a myriad of things and it's very easy to miss the signs that could lead to serious medical mistakes. An experienced lawyer for erb's syndrome can help parents determine if their child's condition was caused by medical negligence. If this is the situation, a suit can be filed for financial compensation to pay for medical treatment and assistive equipment. While money won't completely erase the effects of birth injuries, it can provide the financial assistance the child needs to live a fulfilling life. The majority of cases involving erb's palsy end up being settled before trial, which is why you should act quickly. Birth Injury Living with erb's paralysis can be emotionally and financially draining. An Erb's palsy settlement can help families pay for treatment, therapy and other devices. The brachial plexus is a group of nerves that are located in the arm of your child that provide sensation and coordinated movement to the arms and hands. The forceful pulling that occurs during labor and delivery or the use or manipulation of instruments can harm this nerve system and cause Erb's Palsy. The brachial plexus can be injured. are considered medical malpractice if they were caused due to the negligence of a hospital or doctor. If a claim is successful parents can be awarded the amount they owe for medical bills, physical and occupational therapy, as well as surgery. To prove that the doctor was negligent the legal team has to show that they failed to meet the standard of care. They must also prove that the failure was the direct and proximate cause of the birth injury. In a majority of cases doctors will over-stretch the shoulder or neck of an infant when trying to guide them through the birth canal. This could cause stretching of the neck nerves of the infant and cause a stroke to one or both sides. It is also common for a doctor to incorrectly utilize a vacuum extractor or forceps in the event of a difficult birth to force a baby into the birth canal, which can cause nerve damage. Statute of Limitations Parents whose child has Erb's palsy could be eligible for compensation. There is a time limit known as the statutes of limitations, that restricts the length of time that a family can engage in legal action. Generally, the statute of limitations begins when an individual turns 18. If you believe that negligence or medical malpractice caused your child's Erb's palsy, it is important to consult an Erb’s Palsy lawyer immediately to determine if you have the right to sue. Erb's syndrome is a condition that is caused by injury to the nerve system in a baby's shoulder and neck, which is known as the brachial plexus. Most often, this injury occurs when a baby's head is stuck under the pelvic bone during labor or birth or delivery, a condition known as shoulder dystocia. When medical professionals attempt to remove a baby stuck and head, they can push too hard on their necks and shoulders and end up damaging the nerves of the arm. A midwife or doctor should be able of recognizing potential issues like shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they violate this duty by pulling on the neck or shoulders excessively this could be construed as negligent. Medical malpractice victims can be awarded compensation for their child's ongoing treatment and medical expenses. Filing a Lawsuit An attorney can assist those children who suffer from erb's palsy as a result medical negligence at birth, file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical providers who caused the injury. Lawsuits can assist parents in obtaining financial compensation for expenses for therapy, medical bills, assistive devices, and lost wages. They can also give families an understanding of justice and closure. A no-cost consultation with a lawyer with experience is the first step in the legal process. If the attorney feels that the case is a valid one the lawyer will issue an email to the defendants. erb's palsy attorney norfolk should contain the facts of the case as well as an offer for compensation. During the discovery stage, the legal team will gather evidence and interview witnesses to build a strong case. They will also submit an account to the court. The legal team of the defendants will analyze and respond to the claim. Ideally, parties will reach an agreement that pleases both parties. However it is not always the case that cases reach an agreement, and some will go to trial. In a court trial jurors and judges examine both sides' arguments in order to determine who wins. If the plaintiff is successful, he or she will be paid a sum and the lawsuit will be concluded. If the plaintiff loses, they won't get any compensation.