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Erbs Palsy Legal Legal action for Erbs psy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs This type of personal injury claim could help parents pay for the treatment of their child The birth of a child can result in abrasions or other damage to the brachialplexuss nerves Doctors frequently require pressure during the delivery However should they apply too much pressure or misjudge the amount of pressure required this could cause an injury Medical Malpractice A medical malpractice claim is based on a healthcare professional who violated their standard of care during an aforementioned set of circumstances This may include care that was not provided during pregnancy failure to recognize any pregnancyrelated issues such as fetal macrosomia or failures to perform Csections when needed Erbs syndrome is a condition that affects the brachial plexus nerves that regulate movement and sensation in the arm shoulder and hand It typically occurs due to a traumatic pull or stretch that causes tears or stretching of the nerves In many instances injuries that cause Erbs Palsy can be prevented This is an uncommon birth injury that parents arent aware of In the process of birth the parent is juggling many thoughts running through their minds and its easy to overlook signs of an error that could cause an unintentional medical error An experienced erbs Palsy attorney can assist parents in determining whether the childs condition is a result of medical malpractice If so a lawsuit may be filed to recover money that can be used towards medical treatments or assistive devices Money cant undo the harms of birth injuries however it can give a child the financial support they need to live a full and happy life The majority of cases involving erbs palsy end up being settled before trial which is why you must act quickly Birth Injury The financial and emotional strain of living with erbs palsy is considerable A settlement for Erbs palsy could help families pay for therapy treatment and assistive devices The brachialplexus comprises a network of nerves in the arm of your child that provide a sense of touch and coordinated movement to the hands and arms A forceful pull during labor and delivery or the use or manipulation of instruments can cause nerve damage and lead to the development of Erbs palsy Medical malpractice is the term used when injuries to the brachialplexus are caused due to the negligence or carelessness of a nurse doctor or hospital staff In a successful claim parents can receive compensation that covers medical bills as well as occupational and physical therapy and surgery To demonstrate that a physician is negligent the legal team has to show that they failed to meet the standard of medical treatment They must also prove that the error was the primary and most direct reason for the birth injury In a majority of cases doctors will pull on the infants neck or shoulder when trying to get them into the birth canal This can cause strain on the neck nerves of the baby and cause a stroke to one or both sides It is also typical for a doctor to incorrectly use a vacuum extractor or forceps during a difficult birth to force a baby through the birth canal which can cause nerve damage Statute of limitations Parents whose child has erbs palsy may be entitled to compensation There is a deadline called the statutes of limitations that limits how long a family can pursue legal action Generally speaking the statute of limitations is set on the 18th birthday of an individual If you suspect that medical malpractice or negligence caused your childs ErbsPallsy it is imperative to consult with an Erbs Palsy lawyer immediately to determine if you have the right to pursue a lawsuit Erbs syndrome is a condition that results from damage to the nerve system in the babys shoulder and neck known as the brachial plexus The most common cause of this injury is when a childs head becomes stuck under the pelvic bone during the labor or delivery process or delivery a condition known as shoulder dystocia When medical professionals attempt to remove a stuck baby in the process they might pull too hard on their shoulders and neck and end up damaging the nerves of the arm erbs palsy lawyer tustin or doctor should be able to anticipate problems such as shoulder dystocia and know how to safely deliver the baby without causing an injury If they violate this obligation by pulling too hard on the neck or the shoulders this could be construed as medical malpractice Fortunately those who suffer from medical malpractice are able to seek compensation to cover the medical bills of their child as well as ongoing treatment Filing a Lawsuit If a baby is diagnosed with erbs palsy as a result of negligent medical care during the delivery an attorney may aid the child in filing an action against the medical doctor and other medical care providers accountable for his or her injury Parents can get financial compensation for medical expenses therapy assistive devices and lost wages through lawsuits They can also help families to feel a sense justice and closure A free consultation with a lawyer with experience is the first step in the legal process If the lawyer is convinced that a case has merit they will send a demand letter to the defendants The demand letter will contain the facts of the case as well as an appeal for compensation During the discovery phase the legal team will gather evidence and talk to witnesses to build a solid case They will also submit an account to the court The legal team of the defendants will then examine the claim and then respond with their own In an ideal world the parties would reach an agreement that is satisfactory for both sides However not all cases reach the point of settlement and many will go to trial In a court trial a judge and jury will consider both sides arguments in order to decide who will win If the plaintiff succeeds the plaintiff will receive a payout and the case will end If the plaintiff loses he or wont receive any compensation at all
