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Erb's Palsy Legal Legal action for Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical expenses and therapy costs. This kind of personal injury claim could aid parents in paying for their child's care. Birth-related medical errors can cause abrasions and other injuries to the brachialplexus's nerves. Sometimes, doctors must apply pressure during birth, but if they use excessive force or fail to gauge the pressure needed, it could result in injury. Medical Malpractice A medical malpractice claim centers on a healthcare professional's breach of their standard of care under an aforementioned set of circumstances. This could be due to inadequate prenatal care, a failure to recognize a pregnancy-related issue (such as fetal macrosomia), or failure to perform a C-section if required. Erb's Palsy is caused by a condition affecting the brachial nerve, which regulates the movement and sensations of the shoulder, arm and hand. It is often caused by a traumatic pull or stretch that tears or stretches the nerves. In many cases, injuries that cause Erb's Palsy can be prevented. But, it's a very common birth injury that many parents don't anticipate. During the delivery process parents have several things going through their head and it's easy to miss the signs of an error which could result in a serious medical error. An experienced lawyer for erb's syndrome can help parents determine whether their child's condition was due to medical negligence. If this is the situation, a lawsuit could be filed for the financial compensation needed to pay for medical treatment and assistive equipment. While money won't completely erase the effects of a birth injury, it can provide the financial support the child needs to live a full life. The majority of cases involving erb's syphilis are settled before trial, so you should act quickly. Birth Injury The emotional and financial burden of living with erb's paralysis is immense. Settlements for Erb's Palsy can help families pay for treatment, therapy and other devices. The brachialplexus is the nerves that run through the arm of your child. It gives sensation and coordinated movements to their hands and arms. The nerves in this network can be damaged by pulling too hard during birth or by using instruments. Brachial plexus injuries are considered medical malpractice if they are caused by the negligence of hospital or doctor. If a claim is successful parents can be awarded the amount they owe for medical bills as well as occupational and physical therapy, and even surgery. To prove that the doctor was negligent the legal team must demonstrate that they did not meet the standards of care. They must also show that this negligence was a direct and significant cause of the infant's injury. In a majority of cases, doctors will pull on the baby's neck or shoulder in order to guide them into the birth canal. This can strain the nerves of the neck of the baby, causing strokes that affect either or both sides their head. It is also typical for a doctor not to properly utilize a vacuum extractor or forceps during a difficult birth. This can force a baby into the birth canal, which could cause nerve damage. Statute of limitations Parents of children suffering from erb's palsy may be qualified for compensation. However, there is a strict time frame known as the statute of limitations, which limits the time families are required 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 speak with an Erb's Palsy lawyer right away to determine whether you have the legal right to pursue a lawsuit. Erb's palsy is a complication that results from damage to the nerve network in the baby's shoulder and neck, also known as the brachial plexus. The most common cause of this injury is when a child's head becomes stuck underneath the mother's pelvic bone during labor or delivery which is known as shoulder dystocia. When erb's palsy law firm jacksonville try to free a stuck infant in the womb, they may push too hard on the shoulders and neck, which may damage the nerves that run through the arm. A midwife or doctor should 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 heavily on the neck or shoulders, it could be considered medical malpractice. Fortunately, those suffering from medical malpractice can seek compensation to pay for their child's medical expenses and ongoing care. Filing an action A lawyer can help those who have children with erb's palsy as a result of medical negligence during birth file a lawsuit. The lawyer will pursue the doctor or other medical caregivers that caused the injury. Lawsuits can assist parents in obtaining financial compensation that covers expenses for therapy, medical bills, assistive devices, and lost wages. They also provide families with an understanding of justice and closure. The legal process for a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer is convinced that the case has merit then they will file a demand letter with the defendants. The demand letter will contain the facts of the case as well as a request for compensation. During the discovery phase during the discovery phase, the legal team will gather evidence and speak to witnesses in order to build an evidence-based case. They will also present a report to the court. The defendants' legal team will then look over the claim and then respond with their own. Ideally, parties will reach an agreement that is acceptable to both parties. Not all cases are settled and many go to trial. In a court trial jurors and judges examine both sides' arguments to determine the winner. If the plaintiff wins, he will receive a payout and the lawsuit will end. If the plaintiff loses, he or will not receive any compensation at all.