Notes

17 Reasons You Shouldn't Ignore Erb's Palsy Attorneys
Erb's Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy costs. This type 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. Doctors are often required to apply pressure during the birth. However, if they apply too much pressure or fail to recognize how much pressure is needed it could result in an injury.

Medical Malpractice

A medical malpractice claim is based on medical professionals' failure to meet their standard of care in a certain set of circumstances. This may include care that was not provided during pregnancy, the inability to recognize an issue with pregnancy (such as fetal macrosomia) or failing to perform C-sections if needed.

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

In many cases, the injuries that cause erb's Palsy can be prevented. This is a common birth defect that most parents are not aware of. During the birthing process, parents are distracted by a myriad of things, and it's easy to ignore warning the signs that could lead to serious medical mistakes.

An experienced erb's palsy lawyer can assist parents in determining whether their child's condition was due to medical negligence. If erb's palsy law firm avondale is it is possible to file a lawsuit filed to seek an amount of money to be used towards medical treatment and assistive devices. While money won't completely erase the effects of a birth injury it can provide the financial support a child needs to live a fulfilling life. The majority of cases involving erb's syndrome settle before trial, so it is crucial to act quickly.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. Settlements for Erb's Palsy can help families cover treatment, therapy and assistive devices. The brachialplexus comprises the nerve system that runs through the arm of your child. It gives sensation and coordinated movements to their hands and arms. Forceful pulling during labor or delivery or the use or manipulation of instruments can cause damage to this nerve network and cause Erb's palsy. Injuries to the brachial nerve are considered medical malpractice if they are caused through the negligence of a doctor or hospital staff.

Parents who prevail in their case may get compensation for medical expenses, physical therapy, occupational therapy, and surgery. To prove that a doctor was negligent, the legal team must to show that they failed to meet the requirements of medical care. They must also prove that the failure was a direct and immediate reason for the infant's birth injury.

In a majority of cases, a doctor will mistakenly over-stretch the shoulder or neck of an infant when trying to guide 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. If the birth experience is difficult it is normal for the doctor to make use of forceps or a vacuum extractor to force the infant through the birth canal. This can result in nerve damage.

Statute of Limitations

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

Generally, the statute of limitations is set on an individual's 18th birthday. Parents who believe their child's erb's palsy was the result of medical malpractice or negligence should consult an attorney for the Erb's syndrome immediately 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 and shoulder. Often, this injury occurs when a child's head gets trapped beneath the pelvic bone during the birth or labor and is referred to as shoulder dystocia. When medical professionals try to free a stuck infant or a child, they may pull too hard on the shoulders and neck, which causes damage to the nerves of the arm.

A doctor or midwife must be able to anticipate any complications such as shoulder dystocia, and understand how to safely deliver a baby without harming it. If they fail to meet this requirement by pulling too excessively on the neck or the shoulders this could be construed as medical malpractice. Medical malpractice victims may be eligible for compensation for the ongoing care of their child and medical bills.

Filing a Lawsuit

An attorney can assist those children who suffer from erb's palsy because 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. Legal action can help parents receive financial compensation for the cost of therapy, medical bills as well as assistive devices and lost wages. They also provide families with the satisfaction of having their issues resolved and a sense of closure.

A free consultation with a lawyer experienced is the first step in the legal process. If the lawyer believes that the case is meritorious the lawyer will send a demand letter to the defendants. The demand letter will contain the details of the case along with a request for compensation.

During the discovery stage the legal team will gather evidence and interview witnesses to construct a strong case. They will also present an account to the court. The legal team of the defendants will review the case and respond with their own.

In a perfect scenario, the parties would come to a settlement which satisfied both parties. However many cases do not come to an agreement and a lot of cases will go to trial. In a court trial jurors and judges hear both sides' arguments in order to decide who will win. If the plaintiff wins the case and is awarded a payout. If the plaintiff loses, he / will not receive any compensation at all.

Website: https://vimeo.com/706790667