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Erb's Palsy Legal Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to recover reimbursement for medical bills and therapy costs. This type of personal injuries claim could help parents pay their child's medical bills. Birth-related medical errors can cause abrasions, or other injuries to the nerves of the brachialplexus. Most doctors will need to apply pressure during birth but if they do it excessive force or fail to gauge the amount of pressure they apply, it could result in an injury. Medical Malpractice A medical malpractice case focuses on a healthcare professional who violated their standard of care during a specific set of circumstances. This could be due to inadequate prenatal care, a failure to identify a pregnancy issue (such as fetal macrosomia), or failure to perform a Csection when necessary. Erb's Palsy is caused due to a condition that affects the brachial nerve network that regulates the movement and sensations of the arm, shoulder, and hand. It often results from an injury or a pull that stretches or tears the nerves. In many cases, injuries that cause erb's palsy can be prevented. This is a common birth defect that most parents are not aware of. During the birth process the parent is juggling numerous thoughts going through their head and it's very easy to miss the signs of an error that could result in a serious medical error. An experienced lawyer who specializes in erb's paralysis can help parents determine the cause of their child's illness due to medical negligence. If so there is a possibility of a lawsuit being filed to obtain an amount of money to be used toward medical treatments and assistive devices. Money cannot undo the effects of birth injuries but it could provide a child with the financial support they need to live a fulfilled life. The majority of cases involving erb's syndrome end up being settled before going to trial, so it is essential to act fast. Birth Injury Living with erb's syndrome can be financially and emotionally draining. Settlements for Erb's Palsy can assist families with treatment, therapy and other devices. The brachialplexus is a nerve system that runs through your child's arm. It provides sensation and coordinated movements to their arms and hands. The nerves' network can be damaged if you pull too hard during delivery or by using instruments. Medical malpractice is considered when injuries to the brachialplexus occur through the negligence or inattention of a physician, nurse, or hospital staff. Parents who win their case can receive compensation for medical bills such as physical therapy, occupational therapy, and surgery. To show that a doctor is negligent the legal team will need to demonstrate that they failed to meet the standard of medical treatment. They must also demonstrate that the negligence was a direct and immediate cause of the infant's birth injury. In many instances, a doctor will mistakenly push too hard on the neck or shoulder of a newborn in order to guide them through the birth canal. erb's palsy lawyer alaska could cause stretching of the neck nerves of the baby and cause a stroke to one or both sides. It is also typical for a physician to improperly use a vacuum extractor or forceps during a difficult birth to force a child through the birth canal, which can cause nerve damage. Statute of Limitations Parents with children who has erb's parisis may be entitled to compensation. However there is a specific deadline known as the statute limitations, which limits the time families have to file legal actions. Generally speaking, the statute of limitations begins at the age of 18. If you believe that negligence or medical malpractice caused your child's erb's palsy, it is important to consult with an Erb's & Palsy lawyer right away to determine whether you have the legal right to sue. Erb's palsy is a condition that is caused by damage to the nerve network in a baby's shoulder and neck, referred to as the brachial plexus. This type of injury usually occurs when a child's head becomes trapped under the pelvic bones during labor or delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to free a child who is stuck in the process, they might pull too hard on their shoulders and neck and end up damaging the nerves of the arm. A doctor or midwife must be able to anticipate problems, such as shoulder dystocia and know how to safely give birth without injury to it. If they breach this duty by pulling on the shoulders or neck too hard, it could be considered malpractice. Medical malpractice victims may be eligible for compensation for ongoing medical care and medical bills. Filing a Lawsuit If a baby develops erb's palsy as a result of negligent medical care during the delivery an attorney could help him or her file an action against the medical doctor and other medical care providers responsible for his or her injury. Parents can get financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also provide families with a sense justice and closure. A no-cost consultation with a lawyer experienced is the first step in the legal process. If the lawyer believes a case has merit, they will submit a demand to the defendants. The demand letter will outline the facts of the case along with an offer for compensation. In the discovery phase, the legal team will gather evidence and interview witnesses in order to build a solid case. The team will then submit an official court report. The legal team of the defendants will then analyze and respond to the claim. Ideally, parties will reach a settlement that satisfies both sides. 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 hear both sides' arguments in order to determine who wins. If the plaintiff succeeds, the plaintiff will be awarded a prize and the lawsuit will be closed. If the plaintiff loses, he / is not eligible for payment at all.