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Erb's Palsy Attorneys The Process Isn't As Hard As You Think
Erb's Palsy Legal

Legal action for Erb's Palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. erb's palsy attorneys colorado springs of personal injury claim may help parents pay for their child's care.

Birth-related medical errors can cause abrasions and other injuries to the nerves of the brachialplexus. Doctors often require force during delivery. However should they apply too much pressure or fail to recognize the amount of pressure needed it could result in an injury.

Medical Malpractice

A medical malpractice claim is based on medical professionals' failure to perform their standard of treatment in a specific set of circumstances. This could be due to improper care during pregnancy, failure to recognize an issue with pregnancy (such as fetal macrosomia) or inability to perform C-sections when needed.

Erb's Palsy is caused by a condition that affects the brachial nerve system that controls the sensations and movement of the arm, shoulder, and hand. It is usually caused by a traumatizing pull or stretch that tears or stretches the nerves.

In most cases, the injuries that cause erb's syndrome are preventable. It is an extremely common birth injury that most parents are not aware of. During the delivery process there are many thoughts running through their mind and it's quite easy to overlook signs of an error which could result in a serious medical error.

An experienced erb's Palsy attorney can assist parents to determine if their child's condition is due to medical malpractice. If so, a lawsuit may be filed to obtain an amount of money to be used towards medical treatment and assistive devices. Although money cannot completely erase the effects of a birth injury, it can provide the financial assistance needed by a child to live a full and healthy life. Most erb’s palsy cases settle before trial, therefore you must act fast.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. An Erb's Palsy settlement may help families pay for therapy, treatment, and assistive devices. The brachialplexus refers to the group of nerves that runs along your child's arm. It provides sensation and coordinated movements to their arms and hands. The forceful pulling that occurs during labor and birth or the use of instruments can damage this network of nerves and cause Erb's palsy. Medical malpractice is considered when injuries to the brachialplexus occur through the negligence or inattention of a nurse, doctor or hospital staff.

Parents who win their case could be awarded compensation for medical expenses such as physical therapy, occupational therapy, and surgery. To show that a doctor is negligent the legal team will need to prove that they failed to meet the standard of medical treatment. They must also demonstrate that the error was the primary and most direct reason for the birth injury.

In a lot of cases doctors mistakenly push too hard on the neck or shoulder of a newborn in order to guide them through the birth canal. This could stretch the neck nerves of the baby and result in a stroke on either or both sides. In the event of a difficult birth, it is common for a doctor to employ forceps or a vacuum extractor to push the child through the birth canal. This can result in nerve damage.

Statute of limitations

Parents of children who has erb's parisis may be entitled to compensation. However there is a strict deadline called the statute of limitations that restricts the time families have to file legal actions.

Generally, the statute of limitations starts on the 18th birthday of an individual. Parents who believe that their child's erb's palsy was caused by medical negligence or negligence must consult an attorney for the Erb's syndrome immediately to determine whether they have the right to file an action.

Erb's Palsy is caused by damage to the brachial plexus nerve in the baby's neck and shoulder. Typically, this type of injury occurs when a baby's head is stuck underneath the mother's pelvic bone during the labor or delivery process which is known as shoulder dystocia. When medical professionals attempt to free a child stuck in the womb, they may over-reach on the shoulders and neck, which damages the nerves of the arm.


A midwife or doctor should be able to anticipate problems such as shoulder dystocia, as well as know how to safely give birth without injury to it. If they violate this duty by pulling on the shoulders or neck too hard this could be construed as malpractice. Fortunately, victims of medical malpractice are able to seek compensation to cover their child's medical expenses and ongoing care.

Filing a Lawsuit

An attorney can help the child who is diagnosed with erb's palsy due to medical negligence during birth file a lawsuit. The lawyer will pursue the doctor or other medical caregivers that caused the injury. Lawsuits can help parents get financial compensation that covers the cost of therapy, medical bills, assistive devices, and lost wages. They can also help families to feel a sense justice and closure.

The legal process for filing a lawsuit begins with a complimentary consultation with a seasoned lawyer. If the lawyer believes the case is legal they will then send an order letter to the defendants. The demand letter should contain the facts of the situation and a request for monetary compensation.

During the discovery stage 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 analyze and respond to the claim.

In a perfect world the parties would come to a settlement which satisfied both sides. However many cases do not come to an agreement, and some end up going to trial. During a court trial, a judge and jury will consider both sides' arguments to determine who wins. If the plaintiff wins, he will receive a payment and the case will come to a close. If the plaintiff loses, they won't get any compensation.

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