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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills as well as therapy expenses. This type of personal injuries claim can assist parents in paying their child's medical expenses. Medical errors during childbirth can cause abrasions or other injuries to the brachialplexus's nerves. In many cases, doctors have 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 Medical malpractice claims focus on a healthcare professional breaching their standard of care during the context of a particular set of circumstances. This can include improper prenatal care, a failure to detect a pregnancy problem (such as fetal macrosomia), or failure to perform a C section when needed. Erb's spalsy is caused by a condition that affects the brachial nerve that controls the sensations and movement of the arm, shoulder, and hand. It is often caused by a painful pull or stretch that stretches or tears the nerves. In many cases, injuries that cause erb's palsy are avoidable. This is an uncommon birth injury which parents aren't aware of. During the birthing process, parents can be distracted by a variety of things and can easily overlook signs that could lead to serious medical errors. An experienced lawyer who specializes in erb's paralysis can help parents determine whether their child's condition is due to medical negligence. If it is, a lawsuit may be filed to seek an amount of money to be used towards medical treatments or assistive devices. Money cannot undo the effects of birth injuries however, it can give a child the financial assistance they require to live a fulfilling life. The majority of cases involving erb's palsy end up being settled before trial, which is why you must act fast. Birth Injury The emotional and financial burden of living with erb's palsy is significant. An Erb's Palsy settlement may help families pay for therapy, treatments, and assistive devices. The brachial plexus is a group of nerves located in your child's arm that provide sensation and coordinated movement to the arms and hands. The forceful pulling that occurs during labor and delivery or the use of instruments may damage this network of nerves and lead to the development of Erb's palsy. Medical malpractice is the term used when injuries to the brachialplexus are caused due to the negligence or carelessness of a nurse, doctor or hospital staff. In a successful claim parents may be awarded compensation that covers medical bills as well as occupational and physical therapy, as well as surgery. To prove that a doctor was negligent the legal team must prove that they failed to meet the standards of care. erb's palsy attorney redding must also prove that the failure was the direct and proximate cause of the birth injury. In a majority of cases, doctors will pull on the neck or shoulder of the infant when trying to get them into the birth canal. This can cause strain on the neck nerves of the baby and result in a stroke on one or both sides. In the event of a difficult birth, it is common for the doctor to utilize forceps or an extractor to push the child through the birth canal. This can result in nerve damage. Statute of limitations Parents of children with Erb's Palsy may be entitled to compensation. However, there is a strict deadline called the statute of limitations, which limits the time families have to file legal actions. The statute of limitation generally commences at the age of 18 of an individual. Parents who believe that their child's erb's palsy was the result of medical malpractice or negligence ought to consult an Erb's palsy lawyer as soon as possible to determine if they have the right to bring an action. Erb's palsy is a complication that is caused by injury to the nerve network in the baby's shoulder and neck, referred to as the brachial plexus. Often, this injury occurs when a baby's head is trapped beneath the pelvic bone during the birth or labor or delivery, a condition known as shoulder dystocia. When medical professionals attempt to remove a child who is stuck or a child, they could pull too hard on their necks and shoulders and cause damage to the nerves of the arm. A midwife or doctor should be able to recognize potential issues like shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they violate this requirement by pulling on the shoulders or neck too much this could be construed as negligence. Medical malpractice victims can be awarded compensation for the ongoing care of their child and medical expenses. Filing a Lawsuit If a baby is diagnosed with erb's palsy due to negligent medical care during the delivery an attorney could help the baby file a lawsuit against the doctor and other medical personnel responsible for their 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 assist families find a sense justice and closure. A no-cost consultation with a lawyer with experience is the first step in the legal process. If the lawyer feels the case is valid they will then send an email to the defendants. The demand letter should contain the details of the case as well as the request for monetary compensation. During the discovery phase the legal team will gather evidence and interview witnesses to build a strong case. They will also present an account to the court. The legal team of the defendants will review and respond to the claim. Ideally, parties will come to an agreement that is acceptable to both sides. There are cases that are not always settled, and many are sent to trial. During a court trial, the jury and a judge will listen to both sides' arguments in order to decide who will win. If the plaintiff wins, he will be awarded a prize and the case will come to a close. If the plaintiff loses, he / she will not receive any payment at all.