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Erb's Palsy Legal Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This kind of personal injury claim can help parents pay their child's medical bills. The birth of a child can cause abrasions or other injuries to the brachialplexus's nerves. Often doctors need to apply pressure during birth but if they apply excessive force or fail to gauge the pressure needed, it can cause an injury. Medical Malpractice A medical malpractice claim is caused by medical professionals' failure to provide the required treatment in a specific set of circumstances. This could include insufficient prenatal care, the inability to recognize a pregnancy-related issue (such as fetal macrosomia) or inability to perform a Csection when necessary. Erb's palsy is a condition that affects the brachial plexus nerves that control movement and sensation in the arm, shoulder and hand. It is usually caused by a painful pull or stretch that tears or stretches the nerves. In a majority of cases, the injuries that cause erb's palsy are avoidable. However, it is an uncommon birth injury that parents do not anticipate. During the birthing process, parents can be distracted by a myriad of things and it's easy to overlook indicators that could lead serious medical errors. An experienced erb's Palsy attorney can help parents determine whether their child's condition is a result of medical negligence. If so, a lawsuit may be brought to recover money that can be used toward medical treatments and assistive devices. Although money cannot completely erase the effects of a birth injury, it can provide the financial assistance the child needs to live a fulfilling life. The majority of cases involving erb's syndrome settle before trial, so it is essential to act fast. Birth Injury Living with erb's palsy can be emotionally and financially draining. A settlement with Erb's syndrome can help families cover treatment, therapy 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 forceful pulling that occurs during labor and delivery or the use of instruments may cause nerve damage and cause Erb's palsy. Medical malpractice can be considered if injuries to the brachialplexus result through the negligence or inattention of a nurse, doctor or hospital staff. Parents who win their case may get compensation for medical expenses as well as occupational therapy, physical therapy therapy, and surgery. To demonstrate that a physician is negligent the legal team will need to show that they did not meet the standard of medical treatment. They must also demonstrate that the failure was a direct, proximate cause of the infant's birth injury. In many instances doctors will pull on the baby's neck or shoulder when trying to get them into the birth canal. This could cause stretching of the neck nerves of the baby and cause a stroke on either or both sides. It is also common for a doctor to inadvertently use a vacuum extractor or forceps during a difficult birth. This can force a child through the birth canal, which can cause nerve damage. Statute of limitations Parents of children suffering from erb's palsy may be qualified for compensation. There is a time limit known as the statutes of limitations, which limits how long a family may take legal action. Generally, the statute of limitations is set on an individual's 18th birthday. If you suspect that negligence or medical malpractice caused your child's Erb's Palsy it is essential to speak with an Erb's Palsy lawyer immediately to determine whether you have the legal right to sue. Erb's Palsy is a condition that is caused by injury to the nerve network in a baby's shoulder or neck, also known as the brachial plexus. This type of injury usually occurs when the child's head gets stuck between the pelvic bones during labor or birth. This condition is known as shoulder dystocia. When medical professionals attempt to remove a stuck infant or a child, they may pull too hard on the shoulders and the neck, which may damage the nerves in the arm. A midwife or doctor must be able to recognize potential complications like shoulder dystocia, and understand how to safely give birth without injury to it. If they breach this duty by pulling too excessively on the neck or shoulders this could be construed as medical malpractice. erb's palsy lawsuit east orange can receive compensation for their child's ongoing care and medical expenses. Filing an action A lawyer can help those who have children with erb's palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will then take action against the doctor or any other medical providers who caused the injury. Parents may be able to receive financial compensation for medical expenses and therapy, as well as assistive devices and lost wages through lawsuits. They can also help families feel a sense of justice and closure. A no-cost consultation with a lawyer who has experience is the first step in the legal process. If the lawyer believes the case has merit and merits a lawsuit, they will file a demand letter with the defendants. The demand letter should contain the facts of the case and an appeal for compensation. During the discovery stage the legal team will gather evidence and interview witnesses in order to construct a strong case. The team will also prepare the court report. The legal team of the defendants will then analyze and respond to the claim. Ideally, parties can reach a settlement that satisfies both sides. Not all cases are settled, and some go to trial. In a trial, the judge and jury will listen to both sides' arguments to decide on a winner. If the plaintiff wins the case and is awarded a payout. If the plaintiff loses then the plaintiff won't be able to receive any money.