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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to claim compensation for medical bills as well as therapy expenses. This type of personal injuries claim will help parents pay for their child's medical bills. The complication of a medical error during childbirth can lead to abrasions and other injuries to the brachial plexus nerves. Doctors often require pressure during the birth. However should they apply too much pressure or do not know how much pressure is needed it could cause an injury. Medical Malpractice A medical malpractice claim is the result of medical professionals' failure to adhere to their standard of care in a particular set of circumstances. This could be due to inadequate prenatal care, a failure to recognize a pregnancy issue (such as fetal macrosomia), or failure to perform a C-section when required. Erb's palsy is caused by an illness that affects the brachial nerve that controls the sensations and movement of the shoulder, arm, and hand. It is usually caused by a painful pull or stretch that stretches or tears the nerves. In many instances, injuries that cause Erb's palsy can be avoided. It is an uncommon birth injury that the majority of parents aren't aware of. During the birthing process, parents are distracted by many things and it's very easy to ignore warning indications that could lead to serious medical errors. An experienced lawyer for erb's syndrome can assist parents in determining if their child's condition is due to medical malpractice. If erb's palsy law firm henderson is the lawsuit could be brought to recover the financial compensation needed to go toward medical treatments and assistive devices. The money won't reverse the effects of birth injuries but it could provide a child with the financial support they need to lead a happy and fulfilling life. The majority of cases involving erb's syndrome end up being settled before trial, therefore it is important to act fast. Birth Injury Living with erb's paralysis can be financially and emotionally draining. Settlements for Erb's Palsy may help families pay for therapy, treatments, and assistive devices. The brachialplexus is the nerve system that runs through your child's arm. It provides sensation and coordinated movements to their hands and arms. The nerves in this network can be damaged by pulling too hard during delivery or using instruments. Injuries to the brachial plexus are considered medical malpractice if they were caused through the negligence of a medical professional or hospital staff. Parents who prevail in their case may receive compensation for medical bills such as physical therapy, occupational therapy and 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 prove that the failure was the sole and primary cause of the birth injury. In a lot of cases, a doctor will mistakenly over-stretch the baby's neck or shoulder when trying to pull them through the birth canal. This can cause strain on the neck nerves of the infant and result in a stroke one or both sides. In the event of a difficult birth, it is common for a doctor to use forceps or a vacuum extractor to force the baby through the birth canal. This can result in nerve damage. Statute of Limitations Parents whose child has Erb's Palsy may be eligible for compensation. However there is a specific time frame known as the statute of limitations that restricts the time families are required to pursue legal action. Generally, the statute of limitation begins on an individual's 18th birthday. If you suspect that medical malpractice or negligence caused your child's Erb's palsy, it is important to consult with an Erb's & Palsy lawyer immediately to determine whether you have the legal right to sue. Erb's psoriasis is caused by damage to the brachial plexus nerve in the neck of the baby and shoulder. This condition is typically caused when the child's head gets trapped under the pelvic bones during labor or delivery. This condition is called shoulder dystocia. When medical professionals attempt to free a stuck baby and head, they can push too hard on their shoulders and neck, causing damage to nerves in the arm. A midwife or doctor must be able to recognize potential problems such as shoulder dystocia and know how they can safely deliver the baby without causing an injury. If they fail to meet this requirement by pulling too heavily on the neck or shoulders and neck, it could be deemed medical malpractice. Fortunately, the victims of medical malpractice can recover compensation to pay for the medical bills of their child as well as ongoing medical care. Filing a Lawsuit An attorney can help the child who is diagnosed 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 caregivers that caused the injury. Lawsuits can help parents get financial compensation for medical bills, therapy costs as well as assistive devices and lost wages. They can also assist families feel a sense of justice and closure. A no-cost consultation with a lawyer who has experience is the first step in the legal process. If the lawyer believes the case is legal they will then send an email to the defendants. The demand letter should contain the facts of the case and a request for monetary compensation. During the discovery stage, the legal team will collect evidence and interview witnesses in order to build a solid case. They will also submit a report to the court. The defendants' legal team will then look over the claim and respond with their own. In a perfect world the parties would come to a settlement that was satisfactory to both parties. Some cases are not settled and many go to trial. In a court trial jurors and judges consider both sides' arguments in order to determine the winner. If the plaintiff wins the case they will receive a payment. If the plaintiff loses, he or she will not receive any payment at all.