erb's palsy law firm Palsy Legal

Legally, Erb's Palsy Attorneys palsy involves the filing of an insurance claim or lawsuit to recover reimbursement for medical bills and therapy costs. This type of personal injuries claim will help parents pay for their child's medical bills.

Birth-related medical errors can cause abrasions or other injuries to the nerves of the brachialplexus. Most doctors will need to apply pressure during birth but if they do it too much or misjudge the amount of pressure applied, it could result in injury.

Medical Malpractice

A medical malpractice claim is caused by medical professionals' failure to perform their standard of care under a specific set of circumstances. This could include inadequate care during pregnancy, failure to recognize an issue with pregnancy (such as fetal macrosomia), or failures to perform C-sections when needed.

Erb's palsy is a condition that affects the brachial nerves that control movement and sensation in the shoulder, arm, and hand. It is usually caused by a painful pull or stretch which tears or stretch the nerves.

In many instances, injuries that cause Erb's 'Palsy' can be avoided. But, it's a common type of birth injury that many parents aren't prepared for. During the birthing process, parents can be distracted by many things, and it's easy to miss the signs that could lead to serious medical mistakes.

An experienced lawyer who specializes in erb's paralysis can help parents determine the cause of their child's illness caused by medical negligence. If it is there is a possibility of a lawsuit being filed to recover money that can be used towards medical treatments or assistive devices. Although money cannot erase the effects of birth injuries, it can provide the financial assistance the child needs to live a healthy and fulfilling life. Most erb’s palsy cases settle before trial, so you must act quickly.

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, treatments, and assistive devices. The brachialplexus comprises a network of nerves located in your child's arm that provide a sense of touch and coordinated movement to the hands and arms. The nerves in this network can be damaged when you pull too hard during delivery or using instruments. Medical malpractice is a case of injuries to the brachialplexus are caused due to the negligence or carelessness of a physician, nurse or hospital personnel.

In a successful claim parents could receive compensation that covers medical bills, physical and occupational therapy as well as surgery. To demonstrate that a physician is negligent the legal team has to demonstrate that they did not meet the standard of medical care. They must also show that the failure was the sole and primary reason for the birth injury.

In a majority of cases doctors make the mistake of pull too hard on the shoulder or neck of an infant when trying to pull them through the birth canal. This could stretch the nerves in the neck of the baby and cause strokes that affect either or both sides their head. It is also common for a doctor not to properly utilize a vacuum extractor or forceps during labor to force a baby into the birth canal, which could cause nerve damage.

Statute of limitations

Parents with children with erb's paralysis may be entitled to compensation. However there is a specific timeframe known as the statute of limitations, which limits the time families have to file legal actions.

The statute of limitations generally commences at the age of 18 of an individual. Parents who believe their child's erb's-related palsy was caused by medical malpractice or negligence should speak with an attorney for the Erb's syndrome as soon as possible to determine whether they are entitled to bring an action.

Erb's syndrome is a condition that is caused by damage to the nerve system in a baby's shoulder or neck, referred to as the brachial plexus. The most common cause of this injury is when the head of a child gets stuck under the pelvic bone during the birth or labor or delivery, a condition known as shoulder dystocia. When medical professionals attempt to remove the baby who is stuck in the process, they might forcefully pull on their shoulders and neck, damaging the nerves of the arm.

A midwife or doctor should be able to spot potential complications such as shoulder dystocia and know how they can safely deliver the baby without causing injury. If they breach this duty by putting pressure on the neck or shoulders too much, it could be considered malpractice. Medical malpractice victims may be eligible for compensation for ongoing medical care and medical bills.

Filing an action

An attorney can help a child who develops erb’s palsy due to medical negligence in the birth process file a lawsuit. The lawyer will take action against the doctor or any other medical providers who caused the injury. Parents can seek financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also provide families with the feeling of justice and closure.

The legal process for filing a lawsuit begins with a complimentary consultation with an experienced lawyer. If the lawyer is convinced that an argument is valid, they will send a demand letter to the 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 build a solid case. The team will also submit a court report. The legal team of the defendants will examine and respond to the claim.

In a perfect world, the parties would come to a settlement that was satisfactory to both sides. However it is not always the case that cases reach an agreement, and some end up going to trial. During a trial, the judge and jury will listen to the arguments of both sides to decide on a winner. If the plaintiff is successful, he or she will receive a payment and the lawsuit will end. If the plaintiff loses, he / is not eligible for payment at all.