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Erb's Palsy Legal Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy expenses. This type of personal injury claim could help parents pay for the care of their child. The complication of a medical error during childbirth could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors frequently require pressure during the delivery. However when they apply too much pressure or fail to recognize how much pressure is needed it could cause an injury. Medical Malpractice A medical malpractice claim is based on the failure of a healthcare professional to meet their standard of care under a specific set of circumstances. This could include inadequate care during pregnancy, inability to detect a problem with pregnancy (such as fetal macrosomia), or failures to perform C-sections as required. Erb's Palsy is a condition that affects the brachial plexus nerves that control movement and sensation in the shoulder, arm, and hand. It is often caused by a severe stretch or pull that stretches or tears the nerves. In many cases, injuries that cause erb's palsy are preventable. This is an extremely common birth injury which parents aren't aware of. During the birth process there are several things going through their head and it's very difficult to notice signs of an error that could lead to a serious medical error. An experienced lawyer for erb's syndrome can help parents determine whether their child's condition was caused by medical negligence. If this is the case, a lawsuit may be filed to seek financial compensation to pay for medical treatments and assistive equipment. While money won't completely erase the effects of a birth injury, it can provide the financial help needed by a child to live a full and healthy life. Most erb's palsy lawsuits end up being settled before going to trial, which is why it is crucial to act quickly. Birth Injury The emotional and financial burden of living with erb's palsy is significant. A settlement for Erb's palsy could aid families in paying for therapy, treatment and assistive devices. The brachialplexus is a group of nerves that runs through the arm of your child. It provides sensation and coordinated movements to their hands and arms. The nerves in this network can be damaged if you pull too hard during birth or using instruments. Medical malpractice is considered when injuries to the brachialplexus are triggered by the negligence or carelessness of a physician, nurse, or hospital staff. Parents who win their case may get compensation for medical expenses and physical therapy, occupational therapy, and surgery. 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 error was the sole and primary reason for the birth injury. In many instances, doctors will pull on the baby's neck or shoulder when trying to get them into the birth canal. This could stretch the nerves of the neck of the baby and cause strokes that affect either or both sides their head. In the event of a difficult birth, it is common for a doctor to make use of forceps or a vacuum extractor to push the child through the birth canal. This can result in nerve damage. erb's palsy lawsuit florida of Limitations Parents whose child has Erb's palsy could be qualified for compensation. There is a deadline known as the statutes of limitations, which limits the length of time that a family can pursue legal action. Generally speaking, the statute of limitation begins when an individual turns 18. If you believe that negligence or medical malpractice caused your child's Erb's Palsy, it is important to speak with an Erb's Palsy lawyer right away to determine whether you have the legal right to pursue a lawsuit. Erb's Palsy is a condition that is caused by injury to the nerve network in the shoulder and neck, also known as the brachial plexus. The most common cause of this injury is when a child's head gets stuck underneath the mother's pelvic bone during the labor or delivery process which is known as shoulder dystocia. When medical professionals try to free a stuck infant in the womb, they may over-reach on the shoulders and the neck, which causes damage to the nerves in the arm. A midwife or doctor must be able to anticipate any complications such as shoulder dystocia, as well as know how to safely deliver a baby without harming it. If they fail to meet this requirement by pulling too hard on the neck or shoulders and neck, it could be deemed medical malpractice. The victims of medical malpractice can receive compensation for their child's ongoing care and medical bills. Filing a Lawsuit A lawyer can help the child who is diagnosed with erb's palsy because of medical negligence during birth. a lawsuit. The lawyer will sue the doctor or other medical professionals who caused the injury. Legal action can help parents receive financial compensation that covers medical bills, therapy costs, assistive devices, and lost wages. They also provide families with an understanding of justice and closure. A no-cost consultation with a lawyer with experience is the first step in the legal process. If the lawyer is convinced that the case has merit then they will file a demand letter with the defendants. The demand letter will contain the facts of the case as well a request for monetary compensation. During the discovery phase, the legal team will collect evidence and speak with witnesses to create an argument that is strong. They will also submit a report to the court. The defendants' legal team will then look over the claim and then respond with their own. In the ideal scenario, parties will reach an agreement that is acceptable to both parties. However there are cases that do not reach an agreement and a lot of cases end up going to trial. During a trial, the jury and judge will hear both sides' arguments to decide who is the winner. If the plaintiff wins, he will receive a payout and the case will end. If the plaintiff loses, they won't get any money.