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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 help parents pay their child's medical bills. Birth-related medical errors can result in abrasions or other damage to the brachialplexus's nerves. Sometimes, doctors must apply pressure during the delivery however if they apply too much pressure or do not accurately gauge the amount of pressure they apply, it could result in an injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional's failure to provide the required treatment in a specific set of circumstances. This could be due to inadequate prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or failure to perform a Csection when required. Erb's palsy is a disorder that affects the brachial plexus nerves that control movement and sensation in the arm, shoulder and hand. It often results from a traumatic pull or stretch that causes tears or stretching of the nerves. In many cases, injuries that cause erb's syndrome are preventable. erb's palsy law firm scranton is a common birth defect that parents aren't aware of. During the delivery process, a parent has many thoughts running through their minds and it's difficult to notice signs of an error that could lead to a serious medical error. An experienced lawyer for erb's syndrome can assist parents in determining whether their child's condition was caused by medical negligence. If this is the case, a lawsuit may be filed for financial compensation to pay for medical treatments and assistive equipment. Although money cannot erase the effects of a birth injury, it could provide the financial aid the child needs to live a full and healthy life. The majority of lawsuits involving erb's syphilis end up being settled before going to trial, so it is crucial to act quickly. Birth Injury Living with erb's syndrome can be financially and emotionally draining. A settlement with Erb's syndrome can assist families with therapies, treatments and assistive devices. The brachialplexus is a collection of nerves that are located in the arm of your child that provide sensory and coordinated movement to the arms and hands. The forceful pulling that occurs during labor and delivery or the use of instruments can cause nerve damage and cause Erb's Palsy. Medical malpractice can be considered if injuries to the brachialplexus occur by the carelessness or negligence of a physician, nurse or hospital personnel. In the event of a successful case, parents can receive the amount they owe for medical bills, physical and occupational therapy as well as surgery. To prove that the doctor was negligent the legal team has to prove that they did not meet the standards of care. They must also demonstrate that the failure was a direct and significant cause of the infant's birth injury. In a lot of cases, doctors will pull on the infant's neck or shoulder in an attempt to bring them into the birth canal. This could cause stretching of the neck nerves of the baby and result in a stroke either or both sides. It is also typical for a doctor to incorrectly use a vacuum extractor forceps during a difficult birth. This can force a baby into the birth canal, which could cause nerve damage. Statute of limitations Parents whose child has Erb's palsy could be entitled to compensation. However there is a strict time frame known as the statute of limitations, which limits the time families are required to file legal actions. The statute of limitations typically starts on the 18th birthday of an individual. If you believe that negligence or medical malpractice caused your child's Erb's palsy it is imperative to consult an Erb’s Palsy lawyer immediately to determine whether you have the legal right to pursue a lawsuit. Erb's palsy is a complication which is caused by damage to the nerve network in the shoulder and neck, which is known as the brachial plexus. Typically, this type of injury occurs when the head of a child gets stuck under the pelvic bone during the birth or labor, a condition known as shoulder dystocia. When medical professionals try to free a stuck infant or a child, they may force too much pressure on the shoulders and the neck, which can damage the nerves of the arm. A doctor or midwife should be able to anticipate problems, such as shoulder dystocia, and understand how to safely deliver a baby without harming it. If they fail to meet this requirement by pulling too excessively on the neck or shoulders, it could be considered medical malpractice. The victims of medical malpractice can receive compensation for ongoing medical care and medical expenses. Filing an action A lawyer can help those children who suffer from erb's palsy because of medical negligence during birth. a lawsuit. The lawyer will then sue the doctor or other medical providers who caused the injury. Legal action can help parents receive financial compensation for costs for therapy, medical bills, assistive devices, and lost wages. They can also help families to feel a sense justice and closure. The legal process for a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer is convinced that an argument is valid the lawyer will submit a demand to the defendants. The demand letter will outline the facts of the situation and an offer for compensation in the form of money. During the discovery phase in the discovery phase, the legal team will collect evidence and interview witnesses to build an evidence-based case. They will also present an account to the court. The legal team of the defendants will review the case and make a response of their own. In a perfect world the parties would agree to a settlement which satisfied both sides. Not all cases are resolved and a lot go to trial. In a trial the judge and jury will hear the arguments of both sides to determine who wins. If the plaintiff wins the case and is awarded an amount. If the plaintiff loses then he or she won't receive any compensation.