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5 Conspiracy Theories About Erb's Palsy Attorneys You Should Avoid
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. erb's palsy attorney stamford of personal injuries claim can assist parents in paying the medical bills for their child.

Medical mistakes during child birth can result in abrasions or other injuries to the brachial plexus nerves. In many cases, doctors have to apply pressure during birth but if they apply too much pressure or do not accurately gauge the amount of pressure applied, it could cause injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional's breach of their standard of care during certain circumstances. This may include care that was not provided during pregnancy, inability to detect the presence of a pregnancy-related issue (such as fetal macrosomia) or failing to perform C-sections as required.

Erb's palsy is a condition that affects the brachial nerve system that controls movement and sensation in the arm, shoulder, and hand. It is often caused by a painful pull or stretch which tears or stretch the nerves.

In many cases, the injuries that cause erb's Palsy are preventable. But, it's an extremely common birth injury that parents don't anticipate. In the process of birth parents have numerous thoughts going through their minds and it's quite difficult to notice signs of an error that could cause a serious medical error.

An experienced erb's Palsy attorney can assist parents in determining whether the child's condition is a result of medical malpractice. If it is the lawsuit could be brought to recover financial compensation that can go towards medical treatments and assistive devices. The money won't reverse the effects of birth injuries however, it can give a child the financial assistance they require to live a full and happy life. The majority of cases involving erb's syndrome settle before trial, therefore you should act quickly.

Birth Injury

The emotional and financial burden of living with erb’s palsy is considerable. A settlement for Erb's palsy could help families pay for therapy, treatments, and assistive devices. The brachialplexus is a nerves that run along the arm of your child. It provides sensation and coordinated movements to their hands and arms. The forceful pulling that occurs during labor and birth or the use or manipulation of instruments can cause nerve damage and cause Erb's Palsy. Brachial plexus injuries are considered medical malpractice if they were caused by the negligence of doctor or hospital staff.

Parents who win their case can get compensation for medical expenses such as physical therapy, occupational therapy and surgery. To demonstrate that a physician is negligent, the legal team needs to demonstrate that they failed to meet the standard of medical care. They must also demonstrate that the failure was a direct and immediate cause of the infant's injury.

In many cases doctors will over-stretch the baby's neck or shoulder when trying to pull them through the birth canal. This could cause stretching of the neck nerves of the baby and cause a stroke on either or both sides. In the event of a difficult birth it is common for the doctor to utilize forceps or an extractor to push the child through the birth canal. This can result in nerve damage.

Statute of Limitations

Parents whose child suffers from Erb's Palsy may be qualified for compensation. However there is a strict deadline known as the statute limitations that limits how long families have to pursue legal action.

Generally speaking, the statute of limitations starts at the age of 18. If you suspect that negligence or medical malpractice caused your child's Erb's Palsy, it is important to speak with an Erb's Palsy lawyer immediately to determine whether you have the legal right to pursue a lawsuit.

Erb's palsy is caused by damage to the brachial-plexus nerve network in the neck and shoulder. This injury is often caused by the child's head getting stuck under the mother's pelvic bones during labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to remove a stuck infant in the womb, they may force too much pressure on the shoulders and the neck, which causes damage to the nerves of the arm.

A midwife or doctor must be able to anticipate problems such as shoulder dystocia, and understand how to safely deliver a baby without causing injury to it. If they violate this duty by pulling on the shoulders or neck too hard this could be construed as malpractice. The victims of medical malpractice can receive compensation for the ongoing care of their child and medical expenses.

Filing a Lawsuit

If a baby develops erb's syndrome due to medical negligence during the birth an attorney could help him or her file lawsuits against the medical professional and other medical professionals responsible for his or her injury. Parents may be able to receive financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also assist families to feel a sense justice and closure.

The legal process for a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer believes the case is a valid one the lawyer will issue an email to the defendants. The demand letter will include the facts of the case along with an offer for compensation.

In the discovery phase the legal team will gather evidence and speak with witnesses to build a solid case. They will also present a report to the court. The legal team of the defendants will then look over and respond to the claim.


Ideally, parties will reach an agreement that is acceptable to both sides. However, not all cases reach an agreement and a lot of cases end up going to trial. During a trial, the judge and jury will hear both sides' arguments to determine who wins. If the plaintiff wins, he or she will be awarded a prize and the lawsuit will end. If the plaintiff loses, he or is not eligible for compensation whatsoever.

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