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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to recover compensation for medical bills and therapy expenses. This type of personal injuries claim will help parents pay for their child's medical bills. Mistakes in the birth process can result in abrasions or other injuries to the brachial plexus nerves. Doctors often require pressure during the delivery. However, if they apply excessive pressure or don't know the amount of pressure needed it could result in an injury. Medical Malpractice Medical malpractice claims focus on a healthcare professional who violated their standard of care during the context of a particular set of circumstances. This may include care that was not provided during pregnancy, inability to detect a problem with pregnancy (such as fetal macrosomia), or failures to perform C-sections when needed. Erb's Palsy is caused by a condition affecting the brachial nerve, which controls the sensations and movement of the shoulder, arm, and hand. It is often caused by a traumatizing pull or stretch that tears or stretches the nerves. In many cases, the injuries that cause Erb's Palsy can be prevented. This is a common birth defect that parents aren't aware of. During the delivery process the parent is juggling many thoughts running through their heads and it's quite difficult to notice signs of a mistake that could result in an unintentional medical error. An experienced erb’s palsy attorney can assist parents to determine if the child's condition is due to medical negligence. If this is the case, a lawsuit can be filed for the financial compensation needed to pay for medical treatment and assistive equipment. Although money cannot erase the effects of birth injuries, it can provide the financial help a child needs to live a full life. The majority of cases involving erb's palsy settle before trial, therefore you must act quickly. Birth Injury The emotional and financial burden of living with erb's paralysis is immense. An Erb's-Palsy settlement could aid families in paying for therapy, treatments, and assistive devices. The brachialplexus refers to the group of nerves that runs along your child's arm. It provides sensation and coordinated movements to their hands and arms. The nerves in this network can be damaged if you pull too hard during birth or using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused through the negligence of a doctor or hospital staff. In the event of a successful claim parents could receive the amount they owe for medical bills, physical and occupational therapy, as well as surgery. In order to prove that the doctor was negligent, the legal team must show that they failed to meet the standards of care. They must also prove that the error was the sole and primary cause of the birth injury. In many instances doctors will pull too hard on an infant's neck or shoulder in order to guide them through the birth canal. This action can stretch the nerves in the neck of the baby, causing a stroke, affecting either or both sides their head. During a difficult delivery, it is common for doctors to use forceps or a vacuum extractor to push the child through the birth canal. This can result in nerve damage. Statute of Limitations Parents of children suffering from erb's palsy may be entitled to compensation. However there is a strict time frame known as the statute of limitations, which limits the time families are required to file legal actions. Generally, the statute of limitations starts when an individual turns 18. Parents who believe that their child's erb's paralysis was caused by medical malpractice or negligence ought to consult an attorney for Erb's Palsy immediately to determine if they are entitled to file a lawsuit. Erb's Palsy is caused due to damage to the brachial-plexus nerve system located in the neck and shoulder. Often, erb's palsy attorney fort myers occurs when the head of a child gets stuck beneath the pelvic bone during labor or birth or delivery, a condition known as shoulder dystocia. When medical professionals attempt to remove a stuck infant in the womb, they may over-reach on the shoulders and the neck, which causes damage to the nerves that run through the arm. A midwife or doctor must be able to recognize potential complications like shoulder dystocia, as well as know how to safely give birth without injury to it. If they breach this duty by pulling too excessively on the neck or the shoulders and neck, it could be deemed medical malpractice. Medical malpractice victims can receive compensation for ongoing medical care and medical expenses. Filing a Lawsuit An attorney can help a child who develops erb’s palsy because of medical negligence at birth, file a lawsuit. The lawyer will bring a lawsuit against the doctor or other medical caregivers that caused the injury. Legal action can help parents receive financial compensation for costs for therapy, medical bills as well as assistive devices and lost wages. They can also help families to feel a sense justice and closure. A no-cost consultation with a seasoned lawyer is the first step in the legal process. If the lawyer believes the case is valid they will then send a demand letter to the defendants. The demand letter will outline the facts of the case as well a request for monetary compensation. In the discovery phase, the legal team will collect evidence and talk to witnesses to establish a solid case. They will also present an account to the court. The legal team of the defendants will then review the claim and respond with their own. In a perfect scenario, the parties would reach an agreement that is satisfactory for both parties. However, not all cases reach the point of settlement, and many will go to trial. In a court trial the jury and judge will hear both sides' arguments in order to decide who will win. If the plaintiff wins the case, they will receive a payout. If the plaintiff loses, he / will not receive any compensation at all.