Erb's Palsy Legal
Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This type of personal injuries claim could help parents pay the medical bills for their child.
The birth of a child can cause abrasions, or other injuries to the brachialplexus's nerves. Doctors often require force during birth. However should they apply excessive pressure or don't know how much pressure is needed it could result in an injury.
Medical Malpractice
A medical malpractice claim is the result of the failure of a healthcare professional to provide the required care under a specific set of circumstances. This could include inadequate prenatal care, inability to recognize a pregnancy issue (such as fetal macrosomia), or failure to perform a C-section when required.
Erb's palsy is caused by an issue with the brachial nerve that controls the sensations and movement of the shoulder, arm, and hand. It usually occurs as a result of an injury or a pull that stretches or tears the nerves.
In many cases, injuries that cause erb's palsy are preventable. This is a common birth injury which parents aren't aware of. When delivering there are a million things running through their heads and it's very easy to miss signs of an error that could cause a serious medical mistake.
An experienced lawyer who specializes in erb's paralysis can assist parents in determining the cause of their child's illness caused by medical negligence. If so the lawsuit could be filed to seek financial compensation that can go towards medical treatment and assistive devices. Although money cannot completely erase the effects of birth injuries, it can provide the financial help that a child requires to live a full and healthy life. Most erb’s palsy cases are settled before trial, so you must act fast.
Birth Injury
Living with
taylor erb's palsy lawsuit palsy can be emotionally and financially draining. A settlement with
Hawaii erb's Palsy Lawsuit syndrome can help families pay for treatment, therapy and assistive devices. The brachialplexus is the nerve system that runs along the arm of your child. It provides sensation and coordinated movements to their hands and arms. This network of nerves can be damaged if you pull too hard during birth or by using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused by the negligence of hospital or doctor.
In the event of a successful case parents can be awarded the amount they owe for medical bills, physical and occupational therapy, as well as surgery. In order to prove that a doctor was negligent, the legal team must prove that they did not meet the standard of care. They must also show that this failure was a direct and immediate cause of the infant's injury.
In many cases doctors will pull on the infant's neck or shoulder when trying to get them into the birth canal. This can strain the nerves in the baby's neck and cause a stroke, affecting either or both sides their head. It is also common for a doctor to inadvertently use a vacuum extractor or forceps during a difficult birth to force a baby through the birth canal, which could cause nerve damage.
Statute of Limitations
Parents of children with erb's palsy may be qualified for compensation. However, there is a strict time frame known as the statute of limitations that limit the time families are required to file legal actions.
The statute of limitations typically begins on the 18th birthday of an individual. Parents who believe that their child's erb's palsy was caused by medical malpractice or negligence ought to consult an attorney for Erb's Palsy immediately to determine whether they are entitled to bring an action.
Erb's palsy is a condition that results from damage to the nerves' network in a baby's shoulder and neck, which is known as the brachial plexus. The most common cause of this injury is when the head of a child gets stuck underneath the mother's pelvic bone during labor or delivery, a condition known as shoulder dystocia. When medical professionals attempt to remove a stuck infant and push too hard on the shoulders and the neck, which can damage the nerves of the arm.
A midwife or doctor should be able to recognize potential issues like shoulder dystocia and be able to safely deliver the baby without causing injury. If they violate this requirement by putting pressure on the neck or shoulders too much this could be construed as malpractice. Fortunately, those suffering from medical malpractice can claim compensation to pay for their child's medical expenses and ongoing care.
Filing an action
An attorney can assist those who have children with erb's palsy due to medical negligence in the birth process file a lawsuit. The lawyer will bring a lawsuit against the doctor or other medical professionals who caused the injury. Lawsuits can assist parents in obtaining financial compensation that covers expenses for therapy, medical bills, assistive devices, and lost wages. They can also give families the feeling of justice and closure.
A free consultation with a lawyer experienced is the first step in the legal process. If the lawyer believes an argument is valid then they will issue a demand note to the defendants. The demand letter will contain the facts of the case as well the request for monetary compensation.
During the discovery phase, the legal team will collect evidence and speak with witnesses to create an evidence-based case. The team will also prepare an official court report. The legal team of the defendants will review the case and make a response of their own.
In a perfect world the parties would reach an agreement that is satisfactory for both parties. However, not all cases are resolved and a lot go to trial. In a trial, a judge and jury will hear both sides' arguments to decide on a winner. If the plaintiff succeeds, the plaintiff will be awarded a prize and the case will be concluded. If the plaintiff loses, he or won't receive any compensation at all.
