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Erb's Palsy Legal Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This type of personal injury claim can help parents pay for their child's care. Inaccurate medical interventions during childbirth could cause abrasions, or other injuries to the brachialplexus's nerves. Sometimes, doctors must apply pressure during the delivery but if they do it excessive force or fail to gauge the pressure needed, it can cause an injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional who violated their standard of care under an aforementioned set of circumstances. This can include improper prenatal care, an inability to identify a pregnancy issue (such as fetal macrosomia) or inability to perform a Csection when necessary. Erb's Palsy is caused by a condition that affects the brachial nerve that regulates movement and the sensations in the arm, shoulder, and hand. It is often caused by a painful stretch or pull that tears or stretches the nerves. In many instances, injuries that cause Erb's Palsy can be avoided. But, it's a very common birth injury that many parents don't anticipate. During the birth process the parent is juggling a million things running through their head and it's easy to miss signs of an error that could result in an injury that is serious to the medical system. An experienced lawyer for erb's syndrome can assist parents to determine if their child's condition is caused by medical negligence. If this is the case, a lawsuit can be filed to seek financial compensation to pay for medical treatment and assistive equipment. Although money cannot completely erase the effects of a birth injury, it could provide the financial aid a child needs to live a full life. The majority of cases involving erb's syndrome are settled before trial, so it is imperative to act fast. Birth Injury The experience of living with erb's palsy could be emotionally and financially draining. An Erb's-Palsy settlement could help families pay for treatment, therapy, and assistive devices. The brachialplexus comprises a network of nerves in your child's arm that provide a sense of touch and coordinated movement to hands and arms. The forceful pulling that occurs during labor or delivery or the use of instruments may cause nerve damage and cause Erb's Palsy. Medical malpractice is the term used when injuries to the brachialplexus result by the carelessness or negligence of a nurse, doctor or hospital staff. In the event of a successful case, parents can receive compensation for medical expenses as well as occupational and physical therapy and surgery. To prove that the doctor was negligent, the legal team must prove that they did not meet the standard of care. erb's palsy lawyer bolingbrook must also show 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 an infant's neck or shoulder when attempting to get them through the birth canal. This can cause stretching of the nerves of the neck of the infant and trigger strokes that affect one or both sides of their head. It is also common for a physician to improperly use a vacuum extractor forceps during a difficult birth. This can force a baby through the birth canal, which can cause nerve damage. Statute of Limitations Parents who have a child who has erb's parisis may be entitled to compensation. There is a time limit known as the statutes limitations, that restricts the time a family can take legal action. Generally speaking, the statute of limitations starts at the age of 18. If you believe that medical malpractice or negligence 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 caused due to damage to the brachial-plexus nerve system in the baby's neck and shoulder. The most common cause of this injury is when a child's head becomes stuck under the pelvic bone during the labor or delivery process which is known as shoulder dystocia. When medical professionals attempt to remove a stuck baby, they may over-reach their shoulders and neck and end up damaging the nerves of 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 fail to fulfill this responsibility by pulling too heavily 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 a Lawsuit An attorney can aid the child who is diagnosed with erb's palsy because of medical negligence during birth. a lawsuit. The lawyer will take action against the doctor or any other medical providers who caused the injury. Parents can get financial compensation for medical expenses as well as therapy, assistive devices and lost wages through lawsuits. They can also assist families feel a sense of justice and closure. A no-cost consultation with a lawyer experienced is the first step in the legal process. If the lawyer is convinced that the case has merit then they will submit a demand to the defendants. The demand letter will include the facts of the case and an offer for compensation. During the discovery phase the legal team will gather evidence and speak to witnesses in order to build an argument that is strong. The team will also file a court document. The legal team of the defendants will review the case and respond with their own. In a perfect scenario, the parties would agree to an agreement that is satisfactory for both parties. However many cases do not come to an agreement and a lot of cases end up going to trial. During a court trial, a judge and jury will listen to both sides' arguments in order to determine the winner. If the plaintiff succeeds, the plaintiff will be paid a sum and the case will be closed. If the plaintiff loses then they won't get any compensation.