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Erb's Palsy Legal Legal action for Erb's Palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This type of personal injuries claim can help parents pay their child's medical bills. The birth of a child can cause abrasions and other injuries to the nerves of the brachialplexus. Most doctors will need to apply force during delivery, but if they use too much or underestimate the amount of pressure they apply, it could cause injury. Medical Malpractice A medical malpractice case focuses on a healthcare professional's breach of their standards of care in the context of a particular set of circumstances. This could include insufficient prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or failing to perform a C-section if required. Erb's palsy is caused by an issue with the brachial nerve, which regulates movement and the sensations in the shoulder, arm and hand. It is usually caused by a severe stretch or pull that tears or strains the nerves. In many cases, injuries that cause Erb's palsy can be avoided. However, this is a very common birth injury that many parents aren't prepared for. When delivering the parent is juggling several things going through their minds and it's quite easy to miss signs of an error which could result in a serious medical error. An experienced erb's palsy lawyer can assist parents in determining whether their child's condition was caused by medical negligence. If so, a lawsuit may be filed to seek money that can be used towards medical treatment and assistive devices. It is not able to reverse the consequences of birth injuries, but it can provide a child with the financial resources they require to lead a happy and fulfilling life. erb's palsy law firm fort smith of lawsuits involving erb's syphilis settle before going to trial, which is why it is imperative to act quickly. Birth Injury The financial and emotional strain of living with erb's paralysis is immense. A settlement for Erb's palsy can help families cover therapy, treatment and assistive devices. The brachialplexus is a collection of nerves in the arm of your child that provide a sense of touch and coordinated movement to hands and arms. This network of nerves can be damaged when you pull too hard during birth or by using instruments. Medical malpractice is the term used when injuries to the brachialplexus are caused due to the negligence or carelessness of a doctor, nurse, or hospital staff. If a claim is successful parents could receive the amount they owe for medical bills as well as occupational and physical therapy and surgery. To show that a doctor is negligent, the legal team will need to demonstrate that they failed to provide the standard of medical care. They must also prove that this negligence was a direct and immediate reason for the infant's birth injury. In many cases doctors mistakenly push too hard on the shoulder or neck of an infant in order to guide them through the birth canal. This can stretch the neck nerves of the baby and result in a stroke on one or both sides. It is also typical for a doctor not to properly use a vacuum extractor, or forceps during labor to force a child through the birth canal, which can cause nerve damage. Statute of limitations Parents of children with erb's syndrome may be eligible for compensation. There is a time limit known as the statutes limitations, that restricts how long a family can pursue legal action. Generally, the statute of limitations begins when an individual turns 18. If you believe that medical malpractice or negligence caused your child's erb's palsy it is essential to consult with an Erb's & Palsy lawyer right away to determine whether you have the legal right to sue. Erb's palsy is caused by damage to the brachial-plexus nerve network in the baby's neck and shoulder. Often, this injury occurs when a child's head gets stuck under the pelvic bone during labor or delivery or delivery, a condition known as shoulder dystocia. When medical professionals attempt to free a child who is stuck and head, they can pull too hard on their necks and shoulders, causing damage to nerves in the arm. A doctor or midwife should be able to anticipate issues such as shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they violate this requirement by putting pressure on the neck or shoulders too hard and causing pain, it could be regarded as negligent. Medical malpractice victims can receive compensation for their child's ongoing care and medical expenses. Filing a Lawsuit If a baby develops erb's palsy due to negligent medical care during the delivery, an attorney could assist the baby to file an action against the doctor and other medical caregivers responsible for their injury. Lawsuits can assist parents in obtaining financial compensation for costs for therapy, medical bills, assistive devices, and lost wages. They can also give families an understanding of justice and closure. The legal process for filing a lawsuit begins with a no-cost consultation with a knowledgeable lawyer. If the lawyer believes the case is legal, they will send an email to the defendants. The demand letter will include the facts of the case and a request for monetary compensation. During the discovery phase during the discovery phase, the legal team will gather evidence and talk with witnesses to construct a strong case. They will also submit a report to the court. The legal team of the defendants will then examine and respond to the claim. Ideally, parties will come to a settlement that satisfies both sides. However there are cases that do not reach an agreement and a lot of cases will go to trial. In a trial, a judge and jury will listen to both sides' arguments to decide who is the winner. If the plaintiff succeeds, the plaintiff will be paid a sum and the lawsuit will come to a close. If the plaintiff loses, he / won't receive any compensation at all.