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Erb's Palsy Legal Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to claim compensation for medical bills as well as therapy expenses. This type of personal injuries claim could help parents pay their child's medical bills. Birth defects that are not properly addressed during the childbirth process could cause abrasions as well as other injuries to the brachial plexus nerves. Sometimes, doctors must apply force during delivery but if they apply too much or underestimate the amount of pressure, it can cause an injury. Medical Malpractice A medical malpractice claim centers on a healthcare professional who violated their standards of care in a specific set of circumstances. This may include care that was not provided during pregnancy, inability to identify an issue with pregnancy (such as fetal macrosomia) or failure to perform C-sections when 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 is often caused by a severe pull or stretch that stretches or tears the nerves. In many cases, injuries that cause erb's palsy are preventable. However, it is an extremely common birth injury that parents do not anticipate. In the process of birth the parent is juggling numerous thoughts going through their minds and it's easy to overlook signs of an error that could cause an unintentional medical error. An experienced lawyer for erb's syndrome can assist parents in determining whether their child's condition is caused by medical malpractice. If it is it is possible to file a lawsuit filed to seek financial compensation that can go towards medical treatments or assistive devices. While money won't completely erase the effects of a birth injury it can provide the financial support that a child requires to live a fulfilling life. The majority of cases involving erb's syphilis settle before trial, so you must act fast. Birth Injury The financial and emotional strain of living with erb's palsy is significant. An Erb's-Palsy settlement could help families pay for therapy, treatment and assistive devices. The brachialplexus is a collection of nerves in your child's arm that provide sensory and coordinated movement to hands and arms. The forceful pulling that occurs during labor and delivery or the use of instruments could damage this network of nerves and lead to the development of Erb's palsy. Injuries to the brachial plexus are considered medical malpractice if they are caused by the negligence of hospital or doctor. Parents who prevail in their case may be awarded compensation for medical expenses such as physical therapy, occupational therapy and surgery. To prove that a doctor is negligent the legal team will need to prove that they did not meet the standard of medical care. They must also demonstrate that the error was the primary and most direct reason for the birth injury. In a lot of cases, a doctor will mistakenly push too hard on the baby's neck or shoulder when trying to guide them through the birth canal. This can stretch the neck nerves of the infant and cause a stroke on one or both sides. When a birth is difficult it is common for the doctor to use forceps or a vacuum extractor to force the baby through the birth canal. This can cause nerve damage. Statute of limitations Parents of children who suffers from erb's paralysis could be entitled to compensation. There is a time limit, called the statutes of limitations, that limits the time a family can pursue legal action. Generally, the statute of limitations starts at the age of 18. If you believe that negligence or medical malpractice caused your child's Erb's Palsy It is crucial to consult 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 is caused by injury to the network of nerves in a baby's shoulder or neck, known as the brachial plexus. Typically, this type of injury occurs when a child's head becomes trapped beneath the pelvic bone during labor or birth which is known as shoulder dystocia. When medical professionals attempt to free a child stuck and pull too hard on the shoulders and the neck, which causes damage to the nerves in the arm. A doctor or midwife should be able to anticipate issues like shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they fail to meet this requirement by pulling too excessively on the neck or the shoulders this could be construed as medical malpractice. Medical malpractice victims can be awarded compensation for ongoing medical care and medical bills. Filing an action If a baby is diagnosed with erb's palsy due to medical negligence during delivery, an attorney may help him or her file a lawsuit against the doctor and other medical caregivers accountable for the injury. Lawsuits can assist parents in obtaining financial compensation to cover expenses for therapy, medical bills, assistive devices, and lost wages. They also provide families with an understanding of justice and closure. A no-cost consultation with a lawyer experienced is the first step in the legal process. If erb's palsy attorney toledo feels the case is valid the lawyer will issue a demand letter to the defendants. The demand letter should contain the facts of the case and a request for financial compensation. During the discovery stage, the legal team will gather evidence and talk with witnesses to construct a convincing case. They will also present an account to the court. The legal team of the defendants will look over and respond to the claim. Ideally, parties can reach an agreement that is satisfactory for both sides. However many cases do not come to the point of settlement, and many will go to trial. In a trial the judge and jury will listen to both sides' arguments to determine who wins. If the plaintiff wins the case and is awarded a payment. If the plaintiff loses, he or will not receive any compensation at all.