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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 injury claim can aid parents in paying for their child's care. Medical mistakes during child birth can lead to abrasions and other injuries to the brachial plexus nerves. Doctors are often required to apply pressure during the birth. However, if they apply too much pressure or fail to recognize the amount of pressure needed it could cause an injury. Medical Malpractice A medical malpractice claim is an accusation of medical professionals' failure to provide the required treatment in a specific set of circumstances. This may include care that was not provided during pregnancy, inability to identify any pregnancy-related issues (such as fetal macrosomia) or inability to perform C-sections if needed. Erb's spalsy is caused by an issue with the brachial nerve, which controls movement and sensations in the shoulder, arm and hand. It usually occurs as a result of traumatizing pull or stretch that stretches or tears the nerves. In many cases, injuries that cause Erb's palsy can be prevented. It is a common birth injury that the majority of parents aren't aware of. When delivering, a parent has a million things running through their head and it's very difficult to notice signs of a mistake that could result in a serious medical mistake. An experienced erb's Palsy attorney can help parents determine whether their child's condition is caused by medical negligence. If this is the situation, a lawsuit could be filed for the financial compensation needed to pay for medical treatments and assistive devices. Money can't undo the harms of birth injuries but it can provide a child with the financial aid they need to live a fulfilled life. The majority of lawsuits involving erb's syphilis settle before going to trial, so it is imperative to act quickly. Birth Injury Living with erb's syndrome can be financially and emotionally draining. Settlements for Erb's Palsy may aid families in paying for therapy, treatment, and assistive devices. The brachialplexus is a collection of nerves in your child's arm which provide sensation and coordinated movement to hands and arms. Forceful pulling during labor or delivery or the use of instruments could cause damage to this nerve network and cause Erb's paralysis. Medical malpractice is considered when injuries to the brachialplexus are triggered by the negligence or carelessness of a nurse, doctor, or hospital staff. In the event of a successful claim parents can be awarded the amount they owe for medical bills, physical and occupational therapy, and even surgery. In order to prove that the doctor was negligent the legal team must prove that they did not meet the standard of care. They must also prove that the negligence was a direct and significant cause of the infant's birth injury. In a lot of cases doctors will pull too hard on the baby's neck or shoulder when trying to pull them through the birth canal. This could stretch the nerves in the neck of the baby and cause strokes, which can affect either or both sides of their head. It is also typical for a physician to improperly utilize a vacuum extractor or forceps during labor to push a baby through the birth canal, which could cause nerve damage. Statute of limitations Parents of children suffering from erb's palsy may be eligible for compensation. However there is a specific deadline called the statute of limitations, which limits the time families are required to file legal actions. Generally, the statute of limitations is set when an individual turns 18. Parents who believe that their child's erb's syndrome was the result of medical malpractice or negligence must consult an attorney who specializes in Erb's palsy promptly to determine whether they have the right to bring a lawsuit. Erb's psoriasis is caused by damage to the brachial-plexus nerve network in the neck and shoulder. Most often, this injury occurs when a child's head gets stuck underneath the mother's pelvic bone during labor or delivery or delivery, a condition known as shoulder dystocia. When medical professionals try to remove a stuck infant and over-reach on the shoulders and neck, which may damage the nerves that run through the arm. erb's palsy lawyer denton or doctor must be able to anticipate any complications like shoulder dystocia and know how to safely deliver a baby without harming it. If they violate this duty by putting pressure on the shoulders or neck excessively, it could be considered negligence. Fortunately, those suffering from medical malpractice can claim compensation to pay for their child's medical bills and ongoing treatment. Filing a Lawsuit If a baby is diagnosed with erb's syndrome due to medical negligence during delivery an attorney could help him or her file lawsuits against the medical professional and other medical professionals accountable for the injury. The law suits can help parents obtain financial compensation for the cost of therapy, medical bills as well as assistive devices and lost wages. They can also give families a sense justice and closure. The legal process for filing a lawsuit begins with a no-cost consultation with a seasoned lawyer. If the lawyer feels the case is a valid one they will then send an official demand letter to defendants. The demand letter will outline the facts of the case and an appeal for compensation. During the discovery phase during the discovery phase, the legal team will gather evidence and speak with witnesses to create an evidence-based case. They will also submit a report to the court. The legal team of the defendants will then examine the claim and make a response of their own. In a perfect scenario, the parties would agree to a settlement that was satisfactory to both sides. Not all cases are settled and many go to trial. During a court trial, a judge and jury will listen to both sides' arguments to decide who will win. If the plaintiff wins the case, they will receive an amount. If the plaintiff loses then the plaintiff will not receive any money.