The 10 Scariest Things About Erb s Palsy Attorneys
Erb's Palsy Legal
Legal action for Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical expenses and therapy costs. This kind of personal injury claim can help parents pay the medical bills for their child.
The birth of a child can result in abrasions or other damage to the brachialplexus's nerves. Doctors often require pressure during the birth. However when they apply too much pressure or do not know the amount of pressure needed it could result in an injury.
Medical Malpractice
A medical malpractice claim is based on a healthcare professional breaching their standard of care under the context of a particular set of circumstances. This could be due to inadequate prenatal care, the inability to identify a pregnancy issue (such as fetal macrosomia) or inability to perform a C section when needed.
Erb's palsy is a condition that affects the brachial plexus nerve system that controls movement and sensation in the shoulder, arm and hand. It typically occurs due to an injury or a pull that tears or stretches the nerves.
In many instances, injuries that cause Erb's 'Palsy' can be prevented. It is an uncommon birth injury that most parents are not aware of. During the birth process, a parent has numerous thoughts going through their mind and it's easy to miss signs of a mistake that could result in an injury that is serious to the medical system.
An experienced erb's palsy attorney - http://grassrootsinpower.com/author/angleadouce/, can assist parents in determining if the child's condition is a result of medical negligence. If it is, a lawsuit may be filed to seek financial compensation that can go towards medical treatment and assistive devices. While money won't completely erase the effects of birth injuries, it can provide the financial support the child needs to live a healthy and fulfilling life. Most erb’s palsy cases settle before trial, therefore you should act quickly.
Birth Injury
The financial and emotional strain of living with erb's syndrome is considerable. Settlements for Erb's Palsy may aid families in paying for therapy, treatment, and assistive devices. The brachialplexus refers to the group of nerves that runs along the arm of your child. It gives sensation and coordinated movements to their hands and arms. Instability 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 due to the negligence or carelessness of a nurse, doctor or hospital personnel.
Parents who win their case will receive compensation for medical bills and physical therapy, occupational therapy and surgery. To prove that a doctor was negligent the legal team has to show that they failed to meet the standard of care. They must also show that the failure was the primary and most direct cause of the birth injury.
In a lot of cases doctors mistakenly over-stretch the neck or shoulder of a newborn in order to guide them through the birth canal. This could cause stretching of the neck nerves of the infant and result in a stroke one or both sides. In the event of a difficult birth it is common for a doctor to employ forceps or a vacuum extractor to force the infant through the birth canal. This could cause nerve damage.
Statute of Limitations
Parents who have a child who suffers from erb's paralysis could be entitled to compensation. However there is a specific deadline known as the statute limitations that limit the time families have to take legal action.
The statute of limitations typically starts at the age of 18 of an individual. Parents who believe their child's erb's paralysis was caused by medical malpractice or negligence should consult an attorney for Erb's Palsy as soon as possible to determine if they are entitled to file a lawsuit.
Erb's palsy is caused by damage to the brachial plexus nerve in the baby's neck and shoulder. Most often, this injury occurs when a child's head becomes trapped beneath the pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals attempt to extract a stuck infant, they can over-reach on the shoulders and neck, which damages the nerves of the arm.
A doctor or midwife should be able to anticipate problems, such as shoulder dystocia, and know how to safely give birth without injury to it. If they fail to meet this requirement by pulling too heavily on the neck or shoulders, it could be considered medical malpractice. Medical malpractice victims can be awarded compensation for their child's ongoing care and medical bills.
Filing a Lawsuit
If a baby is diagnosed with erb's palsy due to medical negligence during delivery an attorney could assist the baby to file a lawsuit against the medical professional and other medical professionals accountable for his or her injury. Parents can get financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also help families feel a sense of justice and closure.
The legal process for a lawsuit begins with a free consultation with an experienced lawyer. If the lawyer believes that an argument is valid and merits a lawsuit, they will send a demand letter to the defendants. The demand letter will outline the details of the case along with an appeal for compensation.
During the discovery phase, the legal team will collect evidence and speak with witnesses to establish a solid case. The team will then submit the court report. The legal team of the defendants will then look over the claim and respond with their own.
In the ideal scenario, parties will reach an agreement that is satisfactory for both parties. There are cases that are not always settled, and some go to trial. In a trial, a judge and jury will listen to the arguments of both sides to decide who is the winner. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses, he or won't receive any payment at all.