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Erb's Palsy Legal Legal action for Erb's palsy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This type of personal injury claim can help parents pay for the treatment of their child. Birth-related medical errors can result in abrasions or other damage to the nerves of the brachialplexus. In many cases, doctors have to apply force during delivery, but if they use too much or misjudge the amount of pressure, it could result in an injury. Medical Malpractice A medical malpractice claim is an accusation of an healthcare professional's inability to perform their standard of treatment in a specific set of circumstances. This could include insufficient prenatal care, the inability to recognize a pregnancy-related issue (such as fetal macrosomia) or failing to perform a C-section if necessary. Erb's palsy is caused by an issue with the brachial nerve that regulates movement and the sensations in the arm, shoulder, and hand. It usually occurs as a result of an injury or a pull that causes tears or stretching of the nerves. In many instances, injuries that cause Erb's Palsy can be prevented. This is an extremely common birth injury that parents aren't aware of. During the birth process the parent is juggling numerous thoughts going through their mind and it is very easy to miss the signs of a mistake that could cause an unintentional medical error. An experienced lawyer for erb's syndrome can assist parents to determine if their child's condition is a result of medical negligence. If this is the case, a lawsuit can be filed for the financial compensation needed to pay for medical treatments and assistive equipment. It is not able to reverse the consequences of birth injuries, but it can give a child the financial aid they need to live a fulfilled life. The majority of cases involving erb's syndrome are settled before trial, therefore it is crucial to act quickly. Birth Injury The emotional and financial burden of living with erb’s palsy is significant. A settlement for Erb's palsy can assist families with treatment, therapy and assistive devices. The brachialplexus is a collection of nerves in your child's arm that provide sensation and coordinated movement to the hands and arms. This network of nerves can be damaged if you pull too hard during birth or by using instruments. Brachial plexus injuries are considered medical malpractice if they are caused through the negligence of a hospital or doctor. Parents who prevail in their case may get compensation for medical expenses and physical therapy, occupational therapy and surgery. To prove that a doctor was negligent the legal team will need to prove that they did not meet the standards of medical care. They must also demonstrate that the negligence was the main and primary cause of the birth injury. In many instances doctors pull on the baby's neck or shoulder when they are trying to get them into the birth canal. This action can stretch the nerves in the neck of the baby, causing strokes, which can affect one or both sides of their head. It is also common for a physician to improperly utilize a vacuum extractor or forceps during a difficult birth to force a baby into the birth canal, which could 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 of limitations, which limits how long a family can engage in legal action. The statute of limitations typically commences at the age of 18 of an individual. Parents who believe that their child's erb's paralysis was the result of medical malpractice or negligence should consult an Erb's palsy lawyer as soon as they can to determine if they have the right to file a lawsuit. Erb's palsy is a condition that is caused by damage to the network of nerves in a baby's shoulder or neck, known as the brachial plexus. The injury is usually caused when the baby's head is stuck beneath the pelvic bones during the labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to free the baby who is stuck in the process, they might push too hard on their shoulders and neck and end up damaging the nerves of the arm. A midwife or doctor must be able to anticipate complications such as shoulder dystocia and know how to safely deliver the baby without causing an injury. If they fail to fulfill this responsibility by pulling too hard on the neck or the shoulders this could be construed as medical malpractice. Fortunately, the victims of medical malpractice can recover compensation to pay for the medical bills of their child as well as ongoing care. Filing an action A lawyer can help those who have children with erb's palsy due to medical negligence in the birth process file a lawsuit. The lawyer will pursue the doctor or other medical personnel who caused the injury. Legal action can help parents receive financial compensation that covers the cost of therapy, medical bills as well as assistive devices and lost wages. They can also help families find a sense justice and closure. A no-cost consultation with a lawyer experienced is the first step in the legal process. If the attorney believes a case has merit, they will submit a demand to the defendants. The demand letter will contain the facts of the case as well as a request for compensation. During the discovery process the legal team will collect evidence and interview witnesses to establish a solid case. They will also submit an account to the court. erb's palsy attorneys detroit will then look over the claim and respond with their own. Ideally, parties will reach an agreement that pleases both parties. Not all cases are resolved and a lot go to trial. During a court trial, jurors and judges listen to both sides' arguments in order to determine the winner. If the plaintiff wins the case they will be awarded a payment. If the plaintiff loses, he or will not receive any compensation whatsoever.