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Erb's Palsy Legal Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to claim compensation for medical bills as well as therapy costs. This kind of personal injury claim will help parents pay for the medical bills for their child. Birth defects that are not properly addressed during the childbirth process can cause abrasions and other injuries to the brachial plexus nerves. Most doctors will need to apply pressure during the delivery but if they do it too much or misjudge the amount of pressure they apply, it could result in injury. Medical Malpractice A medical malpractice claim is the result of a healthcare professional's failure to provide the required treatment in a specific set of circumstances. This can include improper prenatal care, inability to recognize a pregnancy-related issue (such as fetal macrosomia) or inability to perform a C section when necessary. Erb's Palsy is caused by a condition that affects the brachial nerve system that controls movement and sensations in the arm, shoulder, and hand. It usually occurs as a result of traumatizing pull or stretch which tears or strains the nerves. In many cases, injuries that cause erb's paralysis are preventable. This is an extremely common birth injury which parents aren't aware of. During the birth process, a parent has several things going through their mind and it's quite easy to overlook signs of a mistake that could result in an unintentional medical error. An experienced lawyer for erb's syndrome can assist parents to determine if the child's condition is caused by medical malpractice. If so, a lawsuit may be brought to recover an amount of money to be used toward medical treatments and assistive devices. It is not able to reverse the consequences of birth injuries but it could give a child the financial resources they require to live a fulfilling life. The majority of erb's palsy lawsuits settle before trial, which is why it is important to act fast. Birth Injury Living with erb's paralysis can be emotionally and financially draining. A settlement for Erb's palsy could aid families in paying for treatment, therapy, and assistive devices. The brachial plexus is a group of nerves located in your child's arm that provide sensory and coordinated movement to hands and arms. The nerves in this network can be damaged if you pull too hard during birth or by using instruments. The brachial plexus can be injured. are considered medical malpractice if they are caused due to the negligence of a hospital or medical professional. In the event of a successful case parents can be awarded compensation for medical expenses, physical and occupational therapy, as well as surgery. In order to prove that a doctor was negligent the legal team has to show that they failed to meet the standard of care. They must also show that this failure was a direct, proximate cause of the infant's birth injury. In a majority of cases doctors will over-stretch an infant's neck or shoulder when trying to pull them through the birth canal. This can stretch the neck nerves of the baby and result in a stroke either or both sides. It is also common for a physician to improperly use a vacuum extractor or forceps during labor to force a child through the birth canal, which could cause nerve damage. erb's palsy law firm virginia beach of limitations Parents of children suffering from erb's syndrome may be entitled to compensation. There is a time limit, called the statutes of limitations, that restricts how long a family can pursue legal action. Generally speaking, the statute of limitation begins on the 18th birthday of an individual. If you believe that negligence or medical malpractice caused your child's Erb's Palsy It is crucial to consult 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 results from damage to the nerves' network in the baby's shoulder and neck, referred to as the brachial plexus. The most common cause of this injury is when a baby's head is stuck underneath the mother's pelvic bone during the birth or labor, a condition known as shoulder dystocia. When medical professionals attempt to remove the baby who is stuck in the process, they might over-reach their necks and shoulders, damaging the nerves of the arm. A midwife or doctor must be able to recognize potential issues like shoulder dystocia and be able to safely deliver the baby without causing an injury. If they breach this duty by pulling too heavily on the neck or the shoulders, it could be considered medical malpractice. The victims of medical malpractice can receive compensation for their child's ongoing care and medical expenses. Filing an action If a baby develops erb's paralysis due to negligent medical care during the delivery, an attorney may help the baby file an action against the doctor and other medical caregivers accountable for his or her injury. Parents may be able to receive financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also assist families achieve a sense of justice and closure. The legal procedure for a lawsuit begins with a complimentary consultation with an experienced lawyer. If the lawyer feels the case is a valid one, they will send an email to the defendants. The demand letter should contain the facts of the case and an offer for compensation in the form of money. During the discovery process the legal team will collect evidence and speak with witnesses to establish a solid case. They will also submit an account to the court. The legal team of the defendants will look over and respond to the claim. In a perfect world the parties would come to a settlement which satisfied both sides. However, not all cases are resolved and a lot go to trial. In a court trial the jury and judge will listen to both sides' arguments to decide who will win. If the plaintiff wins the case they will receive a payout. If the plaintiff loses, the plaintiff will not receive any compensation.