cary erb's palsy law firm Palsy Legal

Legal action for Erb's psy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This kind of personal injury claim can help parents pay the medical bills of their child.

Medical errors during childbirth can cause abrasions and other injuries to the nerves of the brachialplexus. Doctors often require force during birth. However should they apply too much pressure or fail to recognize the amount of pressure needed this could cause an injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional breaching their standard of care under the context of a particular set of circumstances. This could include inadequate prenatal care, inability to detect a pregnancy problem (such as fetal macrosomia) or failing to perform a C-section when it is required.

Erb's palsy is caused by a condition that affects the brachial nerve system that controls the sensations and movement of the shoulder, arm, and hand. It is usually caused by a traumatizing stretch or pull that stretches or tears the nerves.

In most cases, the injuries that cause erb's paralysis are preventable. It is a common birth defect that most parents are not aware of. During the birthing process, parents are distracted by many things and it's easy to overlook signs that could lead to serious medical mistakes.

An experienced lawyer who specializes in erb's paralysis can help parents determine if their child's condition was due to medical negligence. If this is the case, a lawsuit can be filed to seek the financial compensation needed to pay for medical treatments and assistive devices. Although money cannot completely erase the effects of birth injuries, it can provide the financial support a child needs to live a full and healthy life. The majority of erb's palsy lawsuits settle before going to trial, therefore it is essential to act fast.

Birth Injury

Living with erb's palsy can be financially and emotionally draining. An alton erb's palsy lawsuit Palsy settlement may aid families in paying for Alton Erb's Palsy Lawsuit therapy, treatments, and assistive devices. The brachialplexus is a collection of nerves in your child's arm that provide sensory and coordinated movement to the hands and arms. This network of nerves can be damaged if you pull too hard during birth or using instruments. Medical malpractice is a case of injuries to the brachialplexus occur due to the negligence or carelessness of a doctor, nurse or hospital personnel.

In the event of a successful claim parents can be awarded the amount they owe for medical bills as well as occupational and physical therapy and surgery. To prove that a doctor was negligent, the legal team must demonstrate that they did not meet the standards of care. They must also show that the failure was the direct and proximate cause of the birth injury.

In many instances doctors will pull too hard on the baby's neck or shoulder when trying to guide them through the birth canal. This can cause stretching of the nerves in the neck of the baby, causing a stroke, affecting the head on one or both sides of their head. When a birth is difficult it is common for the doctor to use forceps or a vacuum extractor to push the child through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents whose child has Erb's Palsy may be eligible for compensation. However there is a specific deadline known as the statute limitations that limits how long families have to take legal action.

The statute of limitations typically starts on the 18th birthday of an individual. Parents who believe their child's erb's syndrome was caused by medical malpractice or negligence must consult an martinez erb's palsy attorney palsy lawyer as soon as they can to determine if they are entitled to bring an action.

Erb's palsy is caused by damage to the brachial plexus nerve located in the neck and shoulder. This condition is typically caused when the child's head gets trapped under the pelvic bones during labor or the delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to remove a baby stuck, they may push too hard on their necks and shoulders, damaging the nerves of the arm.

A doctor or midwife should be able of recognizing potential complications such as shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they breach this duty by putting pressure on the shoulders or neck too hard this could be construed as negligent. Fortunately, those who suffer from medical malpractice can claim compensation to cover the medical bills of their child and ongoing treatment.

Filing a Lawsuit

If a baby is diagnosed with erb's paralysis due to medical negligence during the birth an attorney could help him or her file a lawsuit against the doctor and other medical personnel responsible for their injury. Parents can get financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also help families feel a sense of justice and closure.

The legal process for a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer feels the case is legal they will then send an email to the defendants. The demand letter should contain the facts of the situation and a request for monetary compensation.

During the discovery phase, the legal team will collect evidence and speak with witnesses to create a convincing case. They will also present a report to the court. The legal team of the defendants will then look over the claim and make a response of their own.

Ideally, parties will reach an agreement that is satisfactory for both sides. However many cases do not come to a settlement and many end up going to trial. In a trial the jury and judge will listen to both sides' arguments to decide who is the winner. If the plaintiff is successful, he or she will receive a payment and the case will be closed. If the plaintiff loses then the plaintiff won't be able to receive any money.