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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 and therapy expenses. This kind of personal injury claim can help parents pay the medical bills for their child. The complication of a medical error during childbirth can result in abrasions or other injuries to the brachial plexus nerves. Most doctors will need to apply force during delivery but if they apply excessive force or fail to gauge the amount of pressure, it can cause an injury. Medical Malpractice A medical malpractice claim is the result of the failure of a healthcare professional to provide the required care under a specific set of circumstances. This could include insufficient prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or inability to perform a Csection when it is required. Erb's palsy is a disorder that affects the brachial nerve system that controls movement and sensation in the arm, shoulder, and hand. It is often caused by a severe pull or stretch which tears or stretch the nerves. In many cases, injuries that cause Erb's Palsy can be prevented. This is a common birth defect that parents aren't aware of. During the birthing process, parents can be distracted by a variety of things and it's very easy to overlook signs that could lead to serious medical mistakes. An experienced lawyer for erb's syndrome can help parents determine whether their child's condition is due to medical negligence. If so the lawsuit could be filed to obtain money that can be used towards medical treatments and assistive devices. Although money cannot erase the effects of a birth injury, it can provide the financial help the child needs to live a healthy and fulfilling life. The majority of erb's palsy lawsuits settle before going to trial, so it's important to act fast. Birth Injury The emotional and financial burden of living with erb's palsy is considerable. Settlements for Erb's Palsy may help families pay for therapy, treatment and assistive devices. The brachialplexus is a group of nerves that runs through your child's arm. It gives sensation and coordinated movements to their hands and arms. This network of nerves can be damaged if you pull too hard during delivery or using instruments. Medical malpractice can be considered if injuries to the brachialplexus result due to the negligence or carelessness of a doctor, nurse or hospital staff. If a claim is successful parents can be awarded reimbursement for medical bills as well as occupational and physical therapy and surgery. In order to prove that a doctor was negligent, the legal team must demonstrate that they did not meet the standard of care. They must also prove that the error was the sole and primary reason for the birth injury. In a lot of cases doctors mistakenly over-stretch the baby's neck or shoulder when trying to guide them through the birth canal. This can stretch the neck nerves of the baby and result in a stroke on either or both sides. In the event of a difficult birth the norm is for the doctor to make use of forceps or a vacuum extractor to force the child through the birth canal. This can cause nerve damage. Statute of limitations Parents of children suffering from erb's syndrome may be entitled to compensation. However, there is a strict timeframe known as the statute of limitations that limits how long families are required to take legal action. The statute of limitation generally begins on the 18th birthday of an individual. If you suspect that negligence or medical malpractice caused your child's erb's palsy it is imperative to consult an Erb's-Palsy lawyer right away to determine whether you are entitled to sue. Erb's psoriasis is caused by damage to the brachial plexus nerve located in the neck and shoulder. This condition is typically caused when the child's head gets trapped under the pelvic bones during labor or the delivery. This condition is known as shoulder dystocia. When medical professionals try to free a stuck infant or a child, they may force too much pressure on the shoulders and the neck, which damages the nerves of the arm. A doctor or midwife should be able to anticipate any complications like shoulder dystocia, and understand how to safely deliver a baby without causing injury to it. If they breach this duty by pulling on the neck or shoulders too hard or bending the neck too much, it could be considered negligent. Medical malpractice victims can receive compensation for their child's ongoing treatment and medical expenses. Filing an action If a baby is diagnosed with erb's paralysis due to negligent medical care during the delivery An attorney can help him or her file lawsuits against the medical doctor and other medical care providers responsible for his or her injury. erb's palsy lawyer new york can get financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also assist families feel a sense of justice and closure. A free consultation with a lawyer experienced is the first step in the legal process. If the lawyer is convinced that the case is meritorious and merits a lawsuit, they will send a demand letter to the defendants. The demand letter should contain the facts of the situation and an offer for compensation in the form of money. During the discovery phase during the discovery phase, the legal team will gather evidence and speak to witnesses in order to build an evidence-based case. The team will also submit a court document. The defendants' legal team will review the case and respond with their own. In an ideal world, the parties would come to an agreement that satisfied both parties. However there are cases that do not reach an agreement and a lot of cases will go to trial. In a trial, the jury and judge will listen to the arguments of both sides to determine a winner. If the plaintiff succeeds, the plaintiff will receive a payment and the case will come to a close. If the plaintiff loses, the plaintiff won't be able to receive any money.