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Erb's Palsy Legal Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to recover compensation for medical bills as well as therapy expenses. This type of personal injury claim may aid parents in paying for the care of their child. Medical mistakes during child birth can lead to abrasions and 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, it could cause injury. Medical Malpractice A medical malpractice claim is caused by medical professionals' failure to meet their standard of care in a particular set of circumstances. This could include inadequate prenatal care, an inability to identify a pregnancy issue (such as fetal macrosomia) or inability to perform a C-section if required. Erb's Palsy is caused due to an illness that affects the brachial nerve, which controls the sensations and movement of the shoulder, arm and hand. It is often caused by an injury or a pull that causes tears or stretching of the nerves. In many instances, injuries that cause Erb's 'Palsy' can be prevented. It is a common birth injury that parents aren't aware of. When delivering, a parent has several things going through their minds and it's very easy to overlook signs of an error that could result in a serious medical error. An experienced lawyer who specializes in erb's paralysis can help parents determine the cause of their child's illness caused by medical negligence. If it is there is a possibility of a lawsuit being filed to recover an amount of money to be used towards medical treatment and assistive devices. Although money cannot completely erase the effects of birth injuries, it can provide the financial assistance the child needs to live a fulfilling life. The majority of cases involving erb's syndrome are settled before trial, so it is crucial to act quickly. Birth Injury The emotional and financial burden of living with erb’s palsy is immense. Settlements for Erb's Palsy can assist families with therapies, treatments and assistive devices. The brachialplexus is a nerve system that runs along the arm of your child. It gives sensation and coordinated movements to their hands and arms. This network of nerves can be damaged if you pull too hard during birth or using instruments. Medical malpractice is the term used when injuries to the brachialplexus are caused by the carelessness or negligence of a nurse, doctor or hospital personnel. In the event of a successful case parents can be awarded the amount they owe for medical bills as well as occupational and physical therapy as well as surgery. To show that a doctor is negligent, the legal team needs to demonstrate that they did not meet the requirements of medical care. They must also prove that the negligence was the sole and primary cause of the birth injury. In a majority of cases doctors mistakenly over-stretch the shoulder or neck of an infant when trying to guide them through the birth canal. This could stretch the nerves in the neck of the baby and cause strokes, which can affect either or both sides their head. During a difficult delivery, it is common for doctors to make use of forceps or a vacuum extractor to force the infant through the birth canal. erb's palsy lawsuit macon could cause nerve damage. Statute of Limitations Parents with children with erb's syndrome may be entitled to compensation. However there is a strict timeframe known as the statute of limitations, which limits the time families have to take legal action. Generally, the statute of limitations is set when an individual turns 18. Parents who believe their child's erb's paralysis was the result of medical malpractice or negligence should speak with an Erb's palsy lawyer immediately to determine if they are entitled to file an action. Erb's palsy is caused by damage to the brachial plexus nerve in the neck of the baby and shoulder. The injury is usually caused when a child's head becomes stuck under the mother's pelvic bones during labor or delivery. This condition is known as shoulder dystocia. When medical professionals attempt to remove the baby who is stuck or a child, they could push too hard on their shoulders and neck, causing damage to nerves in the arm. A doctor or midwife must be able anticipate complications, such as shoulder dystocia, and know how to safely deliver a baby without causing injury to it. If they breach this duty by pulling on the shoulders or neck too much and causing pain, it could be regarded as negligence. Medical malpractice victims may be eligible for compensation for the ongoing care of their child and medical expenses. Filing an action An attorney can help those who have children with erb's palsy because of medical negligence at birth, file a lawsuit. The lawyer will sue the doctor or other medical caregivers that caused the injury. Parents can seek financial compensation for medical bills, therapy, assistive devices and lost wages through lawsuits. They can also assist families feel a sense of justice and closure. The legal process for a lawsuit begins with a no-cost consultation with a seasoned lawyer. If the lawyer believes a case has merit the lawyer will file a demand letter with the defendants. The demand letter will contain the details of the case as well as an offer for compensation. During the discovery stage the legal team will collect evidence and speak to witnesses in order to build a strong case. The team will then submit a court report. The legal team of the defendants will then examine and respond to the claim. Ideally, parties will reach a settlement that satisfies both sides. Not all cases are settled and many go to trial. During a court trial, a judge and jury will examine both sides' arguments in order to determine who wins. If the plaintiff wins the case they will receive a payout. If the plaintiff loses, the plaintiff won't be able to receive any compensation.