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Erb's Palsy Legal Legal action for Erb's psy involves filing an insurance claim or a lawsuit to recover medical expenses and therapy costs. This type of personal injury claim could help parents pay for the care of their child. Birth-related medical errors can cause abrasions or other injuries to the brachialplexus's nerves. Sometimes, doctors must apply pressure during the delivery, but if they use too much or misjudge the amount of pressure they apply, it can cause an injury. Medical Malpractice A medical malpractice claim is caused by the failure of a healthcare professional to perform their standard of care in a certain set of circumstances. This could be due to improper care during pregnancy, inability to detect the presence of a pregnancy-related issue (such as fetal macrosomia) or failing to perform C-sections when needed. Erb's palsy is a condition that affects the brachial plexus nerves that regulate movement and sensation in the arm, shoulder and hand. It is usually caused by a traumatic pull or stretch which tears or stretch the nerves. In most cases, the injuries that cause erb's paralysis are preventable. However, it is a common type of birth injury that many parents don't anticipate. During the delivery process there are many thoughts running through their head and it's quite easy to overlook signs of a mistake that could result in a serious medical error. A seasoned lawyer for erb's palsy can help parents determine whether their child's condition is due to medical negligence. If so the lawsuit could be filed to obtain the financial compensation needed to go toward medical treatments and assistive devices. While money can't erase the effects of birth injuries, it can provide the financial support needed by a child to live a full life. Most erb's palsy lawsuits settle before trial, so it's crucial to act quickly. Birth Injury The emotional and financial burden of living with erb’s palsy is considerable. Settlements for Erb's Palsy may help families pay for therapy, treatment and assistive devices. The brachialplexus is a nerve system that runs along the arm of your child. It gives sensation and coordinated movements to their arms and hands. The forceful pulling that occurs during labor and birth or the use of instruments could damage this network of nerves and cause Erb's paralysis. Brachial plexus injuries are considered medical malpractice if they are caused through the negligence of a hospital or medical professional. Parents who win their case will receive compensation for medical bills and physical therapy, occupational therapy, and surgery. To prove that a doctor was negligent the legal team has to demonstrate that they did not meet the standard of care. They must also demonstrate that the failure was a direct and immediate reason for the infant's birth injury. In a majority of cases doctors pull on the baby's neck or shoulder when they are trying to get them into the birth canal. This could stretch the neck nerves of the baby and cause a stroke to either or both sides. It is also common for a doctor to inadvertently use a vacuum extractor forceps during a difficult birth. This can force a baby through the birth canal, which can cause nerve damage. Statute of limitations Parents who have a child who suffers from erb's paralysis could be entitled to compensation. There is a time limit known as the statutes limitations, which limits the time a family can take legal action. The statute of limitation generally starts on the 18th birthday of an individual. If you believe that negligence or medical malpractice caused your child's Erb's palsy, it is important to consult an Erb’s Palsy lawyer right away to determine if you have the right to sue. Erb's palsy is caused by damage to the brachial plexus nerve in the neck of the baby and shoulder. The most common cause of this injury is when a child's head gets stuck beneath the pelvic bone during the labor or delivery process or delivery, a condition known as shoulder dystocia. When medical professionals try to extract a stuck infant or a child, they may over-reach on the shoulders and the neck, which can damage the nerves in the arm. A midwife or doctor must be able of recognizing potential issues such as shoulder dystocia and be able to safely deliver the baby without causing an injury. If they breach this duty by pulling too excessively on the neck or the shoulders, it could be considered medical malpractice. Fortunately, those who suffer from medical malpractice can recover compensation to pay for their child's medical expenses and ongoing care. Filing a Lawsuit An attorney can assist those children who suffer from erb's palsy as a result medical negligence during birth. a lawsuit. The lawyer will then sue the doctor or other medical professionals who caused the injury. Parents can seek financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also assist families to feel a sense justice and closure. The legal process for filing a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer is convinced that the case is valid the lawyer will issue a demand letter to the defendants. The demand letter should contain the facts of the case as well a request for financial compensation. During erb's palsy attorney new orleans during the discovery phase, the legal team will collect evidence and interview witnesses to build a convincing case. The team will also prepare the court report. The legal team of the defendants will then look over and respond to the claim. In a perfect world the parties would agree to an agreement that is satisfactory for both sides. Some cases are not settled, and some go to trial. In a court trial jurors and judges listen to both sides' arguments in order to decide who will win. If the plaintiff wins, he will receive a payment and the case will be closed. If the plaintiff loses, he or is not eligible for payment at all.