Erb's Palsy Legal
Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy expenses. This kind of personal injury claim may help parents pay for the treatment of their child.
Inaccurate medical interventions during childbirth could cause abrasions or other injuries to the brachialplexus's nerves. Doctors are often required to apply pressure during the delivery. However should they apply excessive pressure or don't know the amount of pressure needed it could result in an injury.
Medical Malpractice
A medical malpractice claim is the result of an healthcare professional's inability to adhere to their standard of care in a certain set of circumstances. This could be due to inadequate prenatal care, the inability to recognize a pregnancy-related issue (such as fetal macrosomia) or failing to perform a C section when necessary.
Erb's spalsy is caused by an issue with the brachial nerve that controls the sensations and movement of the shoulder, arm, and hand. It is often caused by a traumatic pull or stretch that stretches or tears the nerves.
In many cases, injuries that cause Erb's 'Palsy' can be avoided. However, it is a very common birth injury that a lot of parents don't expect. During the birthing process, parents are distracted by a multitude of things, and it's easy to miss signs that could lead to serious medical mistakes.
An experienced attorney for erb's palsy can assist parents in determining if their child's condition is due to medical malpractice. If this is the case, a lawsuit may be filed to seek the financial compensation needed to pay for medical treatment and assistive equipment. Although money cannot erase the effects of a birth injury it can provide the financial assistance a child needs to live a full and healthy life. The majority of erb's palsy lawsuits settle before going to trial, which is why it is essential to act fast.
Birth Injury
The experience of living with erb's palsy could be financially and emotionally draining. Settlements for Erb's Palsy will help families cover treatment, therapy and other devices. The brachialplexus comprises a network of nerves in your child's arm that provide a sense of touch and coordinated movement to the arms and hands. A forceful pull during labor and delivery or the use or manipulation of instruments can cause damage to this nerve network and lead to the development of Erb's palsy. Injuries to the brachial nerve are considered medical malpractice if they were caused due to the negligence of a medical professional or hospital staff.
erb's palsy lawyer allentown who win their case could be awarded compensation for medical bills and physical therapy, occupational therapy and surgery. To prove that a doctor was negligent the legal team will need to prove that they did not meet the standards of medical care. They must also demonstrate that this negligence was a direct, proximate reason for the infant's birth injury.
In a majority of cases doctors pull on the neck or shoulder of the infant when they are trying to get them into the birth canal. This can stretch the neck nerves of the baby and cause a stroke on one or both sides. If the birth experience is difficult, it is common for doctors to make use of forceps or a vacuum extractor to force the baby through the birth canal. This could cause nerve damage.
Statute of Limitations
Parents whose child suffers from Erb's Palsy may be entitled to compensation. However, there is a strict timeframe known as the statute of limitations that limit the time families are required to pursue legal action.
Generally, the statute of limitations starts when an individual turns 18. If you suspect that negligence or medical malpractice caused your child's Erb's palsy it is essential to speak with an Erb's Palsy lawyer immediately to determine whether you are entitled to pursue a lawsuit.
Erb's syndrome is a condition that results from damage to the nerve network in the baby's shoulder and neck, which is known as the brachial plexus. This condition is typically caused by the child's head getting trapped under the pelvic bones during the labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to remove a stuck infant and push too hard on the shoulders and neck, which damages the nerves of the arm.
A midwife or doctor must be able to anticipate any complications such as shoulder dystocia and know how to safely deliver a baby without causing injury to it. If they fail to meet this requirement by pulling too excessively on the neck or shoulders and neck, it could be deemed medical malpractice. Fortunately, the victims of medical malpractice can claim compensation to cover the medical bills of their child and ongoing care.
Filing an action
An attorney can aid those who have children with erb's palsy as a result of medical negligence during birth file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical personnel who caused the injury. Lawsuits can assist parents in obtaining financial compensation to cover the cost of therapy, medical bills, assistive devices, and lost wages. They can also provide families with the satisfaction of having their issues resolved and a sense of closure.
A no-cost consultation with a lawyer who has experience is the first step in the legal process. If the lawyer feels the case is legitimate and enforceable, they will send an official demand letter to defendants. The demand letter should contain the details of the case as well as an offer for compensation.
During the discovery stage the legal team will gather evidence and talk to witnesses to establish a solid case. They will also submit an account to the court. The defendants' legal team will then examine the claim and respond with their own.
Ideally, parties will reach a settlement that satisfies both parties. However it is not always the case that cases reach an agreement, and some end up going to trial. During a court trial, a judge and jury will listen to both sides' arguments to determine the winner. If the plaintiff wins the case they will receive a payment. If the plaintiff loses then they won't get any compensation.