Erb's Palsy Legal

Legal action for Erb's Palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This kind of personal injury claim can assist parents in paying the medical bills of their child.

Medical errors during childbirth can cause abrasions, or other injuries to the brachialplexus's nerves. Most doctors will need to apply pressure during the delivery but if they do it excessive force or fail to gauge the amount of pressure, it can cause an injury.

Medical Malpractice

Medical malpractice claims focus on a healthcare professional's breaching their standard of care during a specific 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 failing to perform C-sections if needed.

Erb's palsy is a disorder that affects the brachial nerve system that controls movement and sensation in the shoulder, arm, and hand. It typically occurs due to an injury or a pull that tears or stretches the nerves.

In many cases, the injuries that cause erb's paralysis are preventable. It is a common birth defect that most parents are not aware of. When delivering there are several things going through their minds and it's quite easy to miss the signs of an error that could lead to a serious medical mistake.

An experienced lawyer for erb's syndrome can help parents determine whether their child's illness is the result of medical malpractice. If it is the lawsuit could be brought to recover the financial compensation needed to go toward medical treatments and assistive devices. While money can't erase the effects of a birth injury it could provide the financial aid needed by a child to live a healthy and fulfilling life. Most erb’s palsy cases end up being settled before trial, which is why you must act quickly.

Birth Injury

The financial and emotional strain of living with erb's paralysis is considerable. Settlements for Erb's Palsy may aid families in paying for treatment, therapy, and assistive devices. The brachialplexus comprises a network of nerves located in your child's arm that provide sensory and coordinated movement to the hands and arms. Forceful pulling during labor or delivery or the use of instruments can cause damage to this nerve network and cause Waunakee erb's palsy Lawyer paralysis. Medical malpractice is the term used when injuries to the brachialplexus are caused by the carelessness or negligence of a physician, nurse, or hospital staff.

In a successful claim parents may be awarded reimbursement for medical bills as well as occupational and physical therapy as well as surgery. To prove that a doctor was negligent, the legal team must demonstrate that they did not meet the standards of care. They must also prove that the failure was a direct, proximate cause of the infant's injury.

In a lot of cases doctors will over-stretch the neck or shoulder of a newborn when trying to pull them through the birth canal. This could stretch the nerves in the neck of the infant and trigger strokes, which can affect one or both sides of their head. It is also common for a doctor not to properly use a vacuum extractor or forceps during a difficult birth. This can force a child through the birth canal, which could cause nerve damage.

Statute of Limitations

Parents of children suffering from Erb's palsy could be eligible for compensation. However there is a strict deadline known as the statute limitations, which limits the time families have to pursue legal action.

Generally speaking, the statute of limitations begins on an individual's 18th birthday. If you believe that medical malpractice or negligence caused your child's Erb's palsy it is imperative to consult with an franklin erb's palsy attorney & Palsy lawyer right away to determine whether you have the right to sue.

Erb's syndrome is a condition that results from damage to the nerve network in the shoulder and neck, referred to as the brachial plexus. Often, this injury occurs when the head of a child gets stuck beneath the pelvic bone during the labor or delivery process and is referred to as shoulder dystocia. When medical professionals attempt to remove a stuck infant or a child, they may over-reach on the shoulders and the neck, which can damage the nerves that run through the arm.

A doctor or midwife should be able anticipate complications such as shoulder dystocia and know how to safely deliver a baby without harming it. If they violate this obligation by pulling too excessively on the neck or the shoulders, it could be considered medical malpractice. Fortunately, victims of medical malpractice can seek compensation to pay for the medical bills of their child as well as ongoing medical care.

Filing a Lawsuit

An attorney can assist a child who develops erb’s palsy because of medical negligence at birth, file a lawsuit. The lawyer will sue the doctor or other medical providers who caused the injury. Parents may be able to receive financial compensation for medical bills, therapy, assistive devices and lost wages through lawsuits. They can also assist families achieve a sense of justice and closure.

The legal process for filing a lawsuit begins with a no-cost consultation with a seasoned lawyer. If the attorney feels that the case is legitimate they will then send an official demand letter to defendants. The demand letter should contain the facts of the case and an offer for compensation.

During the discovery stage, the legal team will collect evidence and talk to witnesses to establish a solid case. The team will then submit an official court report. The legal team of the defendants will review and respond to the claim.

Ideally, parties can reach a settlement that satisfies both parties. However many cases do not come to the point of settlement, and many end up going to trial. In a court trial the jury and a judge will listen to both sides' arguments in order to determine who wins. If the plaintiff wins the case they will receive an amount. If the plaintiff loses, he / she will not receive any compensation at all.