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10 Things Everybody Has To Say About Erb's Palsy Attorneys
Erb's Palsy Legal

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

Birth defects that are not properly addressed during the childbirth process could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors frequently require pressure during the delivery. However, if they apply excessive pressure or don't know the amount of pressure needed, it can lead to an injury.

erb's palsy lawsuit roanoke claims focus on a healthcare professional's breach of their standards of care in an aforementioned set of circumstances. This could include inadequate prenatal care, the inability to recognize a pregnancy issue (such as fetal macrosomia), or failure to perform a C-section when needed.

Erb's palsy is caused by an illness that affects the brachial nerve, which controls the sensations and movement of the arm, shoulder, and hand. It is usually caused by a traumatic pull or stretch that tears or strains the nerves.

In most cases, the injuries that cause erb's paralysis are avoidable. However, it is a common type of birth injury that many parents aren't prepared for. During the birth process parents have many thoughts running through their heads and it is very easy to miss signs of an error which could result in a serious medical mistake.

A seasoned lawyer for erb's palsy can help parents determine the cause of their child's illness caused by medical negligence. If it is the lawsuit could be filed to recover money that can be used towards medical treatments or assistive devices. While money won't completely erase the effects of birth injuries, it can provide the financial support needed by a child to live a full and healthy life. The majority of cases involving erb's syndrome are settled before trial, so it is imperative to act fast.

Birth Injury

Living with erb's syndrome can be financially and emotionally draining. A settlement with Erb's syndrome can assist families with treatment, therapy and other devices. The brachialplexus comprises a network of nerves that are located in the arm of your child that provide a sense of touch and coordinated movement to the hands and arms. The nerves' network can be damaged if you pull too hard during delivery or by using instruments. Medical malpractice is considered when injuries to the brachialplexus result by the carelessness or negligence of a physician, nurse or hospital staff.

In a successful claim parents could receive compensation that covers medical bills, physical and occupational therapy, and even surgery. In order to prove that a doctor was negligent the legal team must show that they failed to meet the standards of care. They must also show that this failure was a direct and immediate cause of the infant's birth injury.

In many instances doctors pull on the infant's shoulder or neck in an attempt to bring them into the birth canal. This could stretch the neck nerves of the baby and result in a stroke on one or both sides. It is also typical for a physician to improperly use a vacuum extractor or forceps during a difficult birth to push a baby through the birth canal, which can cause nerve damage.

Statute of Limitations

Parents of children suffering from Erb's Palsy may be qualified for compensation. However, there is a strict timeframe known as the statute of limitations that limit the time families have to file legal actions.


Generally speaking, the statute of limitations is set at the age of 18. Parents who believe their child's erb's paralysis was the result of medical malpractice or negligence must consult an attorney who specializes in Erb's palsy as soon as possible to determine whether they are entitled to file an action.

Erb's Palsy is caused by damage to the brachial plexus nerve in the neck of the baby and shoulder. Often, this injury occurs when a child's head gets stuck under the pelvic bone during the labor or delivery process and is referred to as shoulder dystocia. When medical professionals attempt to remove a stuck infant in the womb, they may pull too hard on the shoulders and the neck, which may damage the nerves of the arm.

A doctor or midwife must be able anticipate complications such as shoulder dystocia, and know how to safely deliver a baby without causing injury to it. If they violate this duty by pulling on the neck or shoulders too hard, it could be considered negligent. Fortunately, those suffering from medical malpractice can claim compensation to cover their child's medical expenses and ongoing treatment.

Filing an action

An attorney can aid the child who is diagnosed with erb's palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will pursue the doctor or other medical personnel who caused the injury. The law suits can help parents obtain financial compensation for costs for therapy, medical bills, assistive devices, and lost wages. They can also give families a sense justice and closure.

A no-cost consultation with a seasoned lawyer is the first step in the legal process. If the lawyer is convinced that the case is valid they will then send an official demand letter to defendants. The demand letter will include the facts of the case, as well as an appeal for compensation.

During the discovery phase, the legal team will gather evidence and talk to witnesses to create a convincing case. They will also submit a report to the court. The legal team of the defendants will review and respond to the claim.

Ideally, parties will reach an agreement that is acceptable to both parties. However, not all cases are settled, and many are sent to trial. In a trial the judge and jury will hear both sides' arguments to decide who is the winner. If the plaintiff wins the case they will be awarded a payout. If the plaintiff loses, he or she will not receive any compensation at all.

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