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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 can help parents pay their child's medical bills. Birth-related medical errors can result in abrasions or other damage to the brachialplexus's nerves. Doctors often need to use pressure during the delivery. However should they apply too much pressure or misjudge the amount of pressure needed this could cause an injury. Medical Malpractice Medical malpractice claims focus on a healthcare professional's breach of their standard of care under a specific set of circumstances. This could include inadequate care during pregnancy, the inability to recognize the presence of a pregnancy-related issue (such as fetal macrosomia) or inability to perform C-sections when necessary. Erb's palsy is a condition that affects the brachial network of nerves that control movement and sensation in the shoulder, arm, and hand. It is often caused by traumatizing pull or stretch which tears or strains the nerves. In many cases, the injuries that cause erb's paralysis can be prevented. It is an extremely common birth injury that parents aren't aware of. During the birth process, a parent has several things going through their mind and it is very easy to miss the signs of an error that could result in an injury that is serious to the medical system. An experienced erb’s palsy attorney can assist parents to determine if their child's condition is a result of medical malpractice. If this is the situation, a suit can 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 assistance the child needs to live a full and healthy life. The majority of cases involving erb's palsy are settled before trial, so you should act quickly. Birth Injury The financial and emotional strain of living with erb's syndrome is immense. Settlements for Erb's Palsy may help families pay for therapy, treatment and assistive devices. The brachialplexus comprises a network of nerves in the arm of your child that provide sensory and coordinated movement to the arms and hands. A forceful pull during labor or delivery or the use of instruments may cause damage to this nerve network and cause Erb's paralysis. Medical malpractice is the term used when injuries to the brachialplexus result due to the negligence or carelessness of a physician, nurse or hospital personnel. Parents who prevail in their case could get compensation for medical expenses and physical therapy, occupational therapy and even surgery. In order to prove that a doctor was negligent the legal team has to prove that they did not meet the standards of care. They must also show that the negligence was the sole and primary reason for the birth injury. In a majority of cases doctors will pull on the neck or shoulder of the infant when they are trying to get them into the birth canal. This action can stretch the nerves of the neck of the baby and cause strokes that affect one or both sides of their head. When erb's palsy law firm albuquerque is difficult the norm is for doctors to employ forceps or a vacuum extractor to force the child through the birth canal. This can cause nerve damage. Statute of Limitations Parents whose child suffers from Erb's palsy could be eligible for compensation. However there is a strict deadline known as the statute limitations, which limits the time families are required to file legal actions. The statute of limitations generally begins on the 18th birthday of an individual. Parents who believe that their child's erb's-related palsy was caused by medical negligence or negligence must consult an attorney for the Erb's syndrome as soon as they can to determine whether they are entitled to bring an action. Erb's syndrome is a condition that is caused by injury to the nerves' network in the baby's shoulder and neck, referred to as the brachial plexus. This injury is often caused by the child's head getting stuck under the mother's pelvic bones during labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to extract a stuck infant, they can pull too hard on the shoulders and neck, which causes damage to the nerves in the arm. A midwife or doctor must be able anticipate complications like shoulder dystocia, as well as know how to safely deliver a baby without injuring it. If they fail to fulfill this responsibility by pulling too heavily on the neck or shoulders or the shoulders, it could be considered medical malpractice. Medical malpractice victims can receive compensation for their child's ongoing care and medical expenses. Filing a Lawsuit If a baby develops erb's palsy as a result of medical negligence during delivery, an attorney could aid the child in filing lawsuits against the medical doctor and other medical care providers responsible for his or her injury. Parents can get financial compensation for medical bills, therapy, assistive devices and lost wages through lawsuits. They can also give families the satisfaction of having their issues resolved and a sense of closure. The legal process for a lawsuit begins with a complimentary consultation with a seasoned lawyer. If the lawyer believes a case has merit then they 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 stage the legal team will gather evidence and talk to witnesses to build a solid case. They will also submit an account to the court. The defendants' legal team will then look over the claim and then respond with their own. In an ideal world, the parties could reach an agreement that is satisfactory for both parties. However, not all cases are settled, and many are sent to trial. In a court trial the jury and judge will consider both sides' arguments to determine who wins. If the plaintiff wins the case they will be awarded a payment. If the plaintiff loses, the plaintiff won't be able to receive any compensation.