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The 10 Scariest Things About Erb's Palsy Attorneys
Erb's Palsy Legal

Legal action to treat Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This kind of personal injury claim can help parents pay the medical bills for their child.

The birth of a child can cause abrasions or other injuries to the brachialplexus's nerves. Doctors are often required to apply pressure during the birth. However when they apply too much pressure or misjudge how much pressure is needed this could 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 include inadequate prenatal care, a failure to detect a pregnancy problem (such as fetal macrosomia) or failure to perform a C-section when necessary.

Erb's palsy is a condition that affects the brachial plexus nerves that control movement and sensation in the shoulder, arm and hand. It is usually caused by a traumatic stretch or pull that tears or strains the nerves.

In most cases, the injuries that cause erb's Palsy are avoidable. It is an extremely common birth injury that most parents are not aware of. During the delivery process there are several things going through their heads and it's quite easy to overlook signs of an error that could lead to an injury that is serious to the medical system.

An experienced erb's palsy lawyer can assist parents in determining whether their child's condition is caused by medical negligence. If it is there is a possibility of a lawsuit being filed to recover the financial compensation needed to go towards medical treatments or assistive devices. Although money cannot completely erase the effects of a birth injury, it can provide the financial support needed by a child to live a fulfilling life. Most erb's palsy lawsuits settle before going to trial, so it is crucial to act quickly.

Birth Injury

Living with erb's palsy can be emotionally and financially draining. A settlement for Erb's palsy could help families pay for therapy, treatment and assistive devices. The brachial plexus is a group of nerves in the arm of your child that provide sensory and coordinated movement to the 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. Medical malpractice is considered when injuries to the brachialplexus are caused through the negligence or inattention of a physician, nurse or hospital staff.

If a claim is successful parents could receive reimbursement for medical bills as well as occupational and physical therapy, and even surgery. In order to prove that the doctor was negligent the legal team has to show that they failed to meet the standards of care. They must also demonstrate that the negligence was the main and primary cause of the birth injury.

In a majority of cases doctors make the mistake of push too hard on an infant's neck or shoulder when trying to pull them through the birth canal. This can cause strain on the neck nerves of the baby and cause a stroke to either or both sides. If the birth experience is difficult it is common for doctors to employ forceps or a vacuum extractor to force the child through the birth canal. This could cause nerve damage.

Statute of limitations

Parents with children with erb's syndrome may be entitled to compensation. However, there is a strict deadline called the statute of limitations that limit the time families are required to take legal action.

Generally speaking, the statute of limitation begins when an individual turns 18. If you believe that negligence or medical malpractice caused your child's Erb's-Pallsy it is essential to consult an Erb’s Palsy lawyer right away to determine whether you have the right to sue.

Erb's palsy is a condition which is caused by damage to the network of nerves in the baby's shoulder and neck, which is known as the brachial plexus. The injury is usually caused when the child's head gets stuck between the pelvic bones during labor or the delivery. The condition is known as shoulder dystocia. When medical professionals attempt to free a stuck infant in the womb, they may push too hard on the shoulders and neck, which may damage the nerves that run through the arm.

A midwife or doctor should be able of recognizing potential problems such as shoulder dystocia, and know how to safely deliver the baby without causing injury. If they violate this duty by pulling on the shoulders or neck too hard or bending the neck too much, it could be considered negligence. Fortunately, those who suffer from medical malpractice can claim compensation to cover the medical bills of their child as well as ongoing medical care.

Filing a Lawsuit

If a baby develops erb's syndrome due to medical negligence during birth, an attorney could help the baby file an action against the doctor and other medical caregivers responsible for his or her injury. Parents can receive financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They also provide families with a sense justice and closure.

A free consultation with a lawyer who has experience is the first step in the legal process. If the lawyer feels the case is legitimate the lawyer will issue an email to the defendants. The demand letter will outline the details of the case as well as a request for monetary compensation.

During the discovery stage in the discovery phase, the legal team will collect evidence and interview witnesses to build a convincing case. The team will also submit the court report. The defendants' legal team will then look over the claim and respond with their own.

Ideally, erb's palsy lawsuit fall river will reach an agreement that pleases both parties. However it is not always the case that cases reach an agreement, and some end up going to trial. In a trial, a jury and judge will listen to both sides' arguments to decide on a winner. If the plaintiff succeeds, the plaintiff will receive a payment and the lawsuit will be closed. If the plaintiff loses, he / won't receive any compensation at all.

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