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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 expenses. This type of personal injury claim may help parents pay for their child's care. Medical errors during childbirth can cause abrasions or other injuries to the nerves of the brachialplexus. In many cases, doctors have to apply force during delivery however if they apply excessive force or fail to gauge the pressure needed, it could result in an injury. Medical Malpractice A medical malpractice claim is caused by an healthcare professional's inability to provide the required care in a certain set of circumstances. This could include inadequate care during pregnancy, failure to recognize an issue with pregnancy (such as fetal macrosomia), or failures to perform C-sections if needed. Erb's syndrome is a condition that affects the brachial plexus nerve system that controls movement and sensation in the shoulder, arm and hand. It typically occurs due to a traumatic pull or stretch that stretches or tears the nerves. In many cases, injuries that cause erb's syndrome are preventable. But, it's a common type of birth injury that many parents aren't prepared for. In the process of birth parents have many thoughts running through their minds and it is very easy to overlook signs of a mistake that could cause an unintentional medical error. An experienced erb's Palsy attorney can assist parents in determining whether the child's condition is a result of medical malpractice. If this is the situation, a lawsuit could be filed for financial compensation to pay for medical treatments and assistive devices. Although money cannot erase the effects of a birth injury, it can provide the financial assistance that a child requires to live a fulfilling life. Most erb's palsy lawsuits end up being settled before trial, so it's essential to act fast. Birth Injury Living with erb's paralysis can be financially and emotionally draining. An Erb's palsy settlement will help families cover therapy, treatment and assistive devices. The brachial plexus is a set of nerves in your child's arm that provide sensory and coordinated movement to the hands and arms. The forceful pulling that occurs during labor and delivery or the use of instruments could harm this nerve system and cause Erb's palsy. Injuries to the brachial plexus are considered medical malpractice if they are caused through the negligence of a hospital or doctor. In a successful claim parents could receive compensation for medical expenses, physical and occupational therapy, and even surgery. To prove that a doctor is negligent, the legal team needs to demonstrate that they failed to meet the standards of medical care. They must also demonstrate that the failure was a direct, proximate reason for the infant's birth injury. In a majority of cases doctors will pull too hard on the baby's neck or shoulder when attempting to get them through the birth canal. This can cause strain on the neck nerves of the baby and result in a stroke on one or both sides. It is also typical for a doctor not to properly use a vacuum extractor, or forceps during a difficult birth to force a baby through the birth canal, which can cause nerve damage. erb's palsy lawyer sunrise of Limitations Parents of children with Erb's Palsy may be eligible for compensation. There is a deadline known as the statutes of limitations, that limits how long a family may engage in legal action. Generally speaking, the statute of limitations is set on the 18th birthday of an individual. If you suspect that medical malpractice or negligence caused your child's Erb's Palsy it is imperative to speak with an Erb's Palsy lawyer right away to determine whether you have the legal right to sue. Erb's palsy is a complication which is caused by damage to the nerve system in the shoulder and neck, known as the brachial plexus. Often, this injury occurs when a child's head becomes stuck under the pelvic bone during the labor or delivery process and is referred to as shoulder dystocia. When medical professionals attempt to free a stuck baby and head, they can forcefully pull on their necks and shoulders, damaging the nerves of the arm. A doctor or midwife should be able to anticipate problems, such as shoulder dystocia, and understand how to safely deliver a baby without harming it. If they breach this duty by pulling too hard on the neck or shoulders and neck, it could be deemed medical malpractice. Medical malpractice victims can be awarded compensation for their child's ongoing care and medical bills. Filing a Lawsuit If a baby is diagnosed with erb's palsy as a result of medical negligence during delivery, an attorney could help him or her file a lawsuit against the medical professional and other medical professionals accountable for his or her injury. Parents can receive financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also give families a sense justice and closure. The legal process for a lawsuit begins with a free consultation with an experienced lawyer. If the lawyer is convinced that the case is valid they will then send an email to the defendants. The demand letter will include the facts of the case as well a request for monetary compensation. During the discovery process the legal team will gather evidence and speak with witnesses to establish a solid case. The team will also prepare the court report. The legal team of the defendants will then examine the claim and then respond with their own. Ideally, parties can reach an agreement that pleases both parties. Not all cases are settled, and some go to trial. In a trial, a judge and jury will hear both sides' arguments to decide who is the winner. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses, he or won't receive any compensation whatsoever.