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17 Reasons Not To Ignore Erb's Palsy Attorneys
Erb's Palsy Legal

Legal action for Erb's palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This kind of personal injury claim could help parents pay for the treatment of their child.

Medical mistakes during child birth could cause abrasions as well as other injuries to the brachial plexus nerves. Most doctors will need to apply pressure during the delivery but if they apply too much or underestimate the amount of pressure they apply, it could result in an injury.

Medical Malpractice

A medical malpractice claim is caused by 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, inability to detect the presence of a pregnancy-related issue (such as fetal macrosomia), or failures to perform C-sections when necessary.

Erb's syndrome is a condition that affects the brachial nerves that regulate movement and sensation in the arm, shoulder, and hand. It is usually caused by a painful pull or stretch that tears or stretches the nerves.

In many cases, injuries that cause Erb's palsy can be prevented. However, this is an uncommon birth injury that parents don't anticipate. In the process of birth there are a million things running through their minds and it's easy to overlook signs of a mistake which could result in a serious medical error.

An experienced lawyer who specializes in erb's paralysis can assist parents in determining if their child's condition was caused by medical negligence. If so there is a possibility of a lawsuit being filed to recover money that can be used toward medical treatments and assistive devices. While money can't erase the effects of birth injuries, it can provide the financial support needed by a child to live a full life. The majority of lawsuits involving erb's syphilis end up being settled before trial, so it's important to act fast.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. An Erb's palsy settlement can assist families with therapies, treatments and assistive devices. The brachialplexus is a collection of nerves that are located in the arm of your child that provide sensation and coordinated movement to hands and arms. This network of nerves can be damaged by pulling too hard during delivery or using instruments. Medical malpractice can be considered if injuries to the brachialplexus occur through the negligence or inattention of a doctor, nurse or hospital staff.

Parents who win their case may get compensation for medical expenses such as physical therapy, occupational therapy as well as surgery. In order to prove that the doctor was negligent, the legal team must prove that they did not meet the standard of care. They must also show that the error was the direct and proximate reason for the birth injury.

In many cases doctors make the mistake of pull too hard on the shoulder or neck of an infant when trying to guide them through the birth canal. This can cause stretching of the nerves in the neck of the baby, causing strokes that affect the head on one or both sides of their head. It is also common for a doctor to inadvertently use a vacuum extractor or forceps in the event of a difficult birth to force a baby through the birth canal, which can cause nerve damage.

Statute of limitations

Parents whose child has Erb's palsy could be eligible for compensation. However there is a specific time frame known as the statute of limitations that limits how long families are required to take legal action.

The statute of limitations typically begins on the 18th birthday of an individual. If you believe that medical malpractice or negligence caused your child's Erb's palsy it is imperative to consult an Erb’s Palsy lawyer immediately to determine whether you have the right to sue.

Erb's palsy is caused by damage to the brachial plexus nerve located in the neck and shoulder. The injury is usually caused when the baby's head is trapped under the pelvic bones during labor or birth. This condition is called shoulder dystocia. When medical professionals try to remove a stuck infant or a child, they may push too hard on the shoulders and the neck, which damages the nerves in the arm.


A midwife or doctor must be able of recognizing potential issues such as shoulder dystocia, and know how to safely deliver the baby without causing injury. 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 seek compensation to cover the medical bills of their child as well as ongoing treatment.

Filing a Lawsuit

An attorney can assist the child who is diagnosed with erb's palsy as a result medical negligence during birth. a lawsuit. The lawyer will pursue the doctor or other medical caregivers that caused the injury. Lawsuits can assist parents in obtaining financial compensation to cover costs for therapy, medical bills as well as assistive devices and lost wages. They can also assist families find a sense justice and closure.

A free consultation with a seasoned lawyer is the first step in the legal process. If erb's palsy law firm bellingham feels that the case is valid and enforceable, they will send an official demand letter to defendants. The demand letter will include the facts of the case and an offer for compensation.

During the discovery phase during the discovery phase, the legal team will collect evidence and talk with witnesses to construct an argument that is strong. The team will also file a court report. The legal team of the defendants will then analyze and respond to the claim.

In an ideal world, the parties would reach a settlement which satisfied both parties. However many cases do not come to an agreement, and some will go to trial. In a trial the jury and judge will hear both sides' arguments to determine who wins. If the plaintiff wins the case they will receive an amount. If the plaintiff loses, he or won't receive any compensation whatsoever.

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