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10 Misleading Answers To Common Erb's Palsy Attorneys Questions: Do You Know The Correct Answers?
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 may help parents pay for their child's care.

The birth of a child can cause abrasions, or other injuries to the nerves of the brachialplexus. Doctors frequently require pressure during the delivery. However, if they apply too much pressure or fail to recognize the amount of pressure needed this could cause an injury.

Medical Malpractice

A medical malpractice claim centers on a healthcare professional breaching their standard of care under a specific set of circumstances. This can include improper care during pregnancy, the inability to recognize a problem with pregnancy (such as fetal macrosomia) or failing to perform C-sections as required.

Erb's Palsy is caused by a condition affecting the brachial nerve network 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 stretches or tears the nerves.

In a majority of cases, the injuries that cause erb's Palsy are preventable. However, this is an uncommon birth injury that a lot of parents don't anticipate. During the birthing process, parents are distracted by a myriad of things and it's very easy to overlook warning the signs that could lead to serious medical mistakes.

An experienced attorney for erb's palsy can assist parents in determining if their child's condition is a result of medical malpractice. If so there is a possibility of a lawsuit being brought to recover money that can be used towards medical treatments or assistive devices. Although money cannot erase the effects of birth injuries, it can provide the financial assistance a child needs to live a healthy and fulfilling life. The majority of erb's palsy lawsuits settle before trial, so it is imperative to act quickly.

Birth Injury

Living with erb's syndrome can be emotionally and financially draining. Settlements for Erb's Palsy can help families pay for therapy, treatment and assistive devices. The brachialplexus is the nerves that run along your child's arm. It gives sensation and coordinated movements to their arms and hands. Instability during labor and delivery or the use of instruments may damage this network of nerves and cause Erb's Palsy. Injuries to the brachial nerve are considered medical malpractice if they were caused due to the negligence of a hospital or doctor.

Parents who prevail in their case could be awarded compensation for medical expenses such as physical therapy, occupational therapy, and surgery. To demonstrate that a physician is negligent the legal team has to show that they did not meet the standard of medical care. They must also demonstrate that this negligence was a direct, proximate cause of the infant's birth injury.

In a majority of cases, doctors will pull on the infant's neck or shoulder when they are trying to get them into the birth canal. This could cause stretching of the neck nerves of the baby and result in a stroke one or both sides. If the birth experience is difficult, it is common for a doctor to use forceps or a vacuum extractor to push the child through the birth canal. This could cause nerve damage.

Statute of Limitations

Parents who have a child with erb's paralysis may be entitled to compensation. There is a deadline known as the statutes of limitations, that restricts the time a family can engage in legal action.

Generally, the statute of limitations is set at the age of 18. Parents who believe that their child's erb's syndrome was the result of medical malpractice or negligence should speak with an attorney who specializes in Erb's palsy as soon as they can to determine whether they are entitled to file a lawsuit.

Erb's syndrome is a condition which is caused by damage to the network of nerves in a baby's shoulder and neck, which is known as the brachial plexus. This type of injury usually occurs by the child's head getting stuck under the mother's pelvic bones during labor or birth. This condition is called shoulder dystocia. When medical professionals try to remove a stuck infant in the womb, they may force too much pressure on the shoulders and the neck, which damages the nerves in the arm.

A doctor or midwife should be able to anticipate any complications like shoulder dystocia, and know how to safely deliver a baby without harming it. If they fail to fulfill this obligation by putting pressure on the shoulders or neck too much, it could be considered malpractice. Fortunately, those who suffer from medical malpractice can claim compensation to cover the medical bills of their child as well as ongoing treatment.

Filing a Lawsuit

An attorney can aid those who have children with erb's palsy as a result of medical negligence in the birth process file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical caregivers that caused the injury. The law suits can help parents obtain financial compensation for medical bills, therapy costs as well as assistive devices and lost wages. They can also help families to feel a sense justice and closure.


A no-cost consultation with a seasoned lawyer is the first step in the legal process. If erb's palsy attorneys plano believes that the case is meritorious then they will issue a demand note to the defendants. The demand letter will include the facts of the case as well a request for financial compensation.

During the discovery stage in the discovery phase, the legal team will gather evidence and speak to witnesses in order to build an argument that is strong. They will also submit a report to the court. The defendants' legal team will then examine the claim and make a response of their own.

Ideally, parties will come to a settlement that satisfies both sides. There are cases that are not always settled, and some go to trial. During a court trial, jurors and judges hear both sides' arguments to determine who wins. If the plaintiff wins the case they will receive a payout. If the plaintiff loses, they won't get any money.

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