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Erbs Palsy Legal Erbs palsy legal involves the filing of an insurance claim or lawsuit to recover compensation for medical bills as well as therapy expenses This kind of personal injury claim may aid parents in paying for their childs care Medical errors during childbirth can cause abrasions or other injuries to the brachialplexuss nerves In many cases doctors have to apply force during delivery but if they use too much or misjudge the pressure needed it could result in an injury Medical Malpractice A medical malpractice claim is based on a healthcare professionals failure to perform their standard of care in a certain set of circumstances This could be due to inadequate prenatal care an inability to recognize a pregnancy issue such as fetal macrosomia or failure to perform a Csection if it is required Erbs spalsy is caused by a condition affecting the brachial nerve system that regulates movement and the sensations in the arm shoulder and hand It is often caused by a painful pull or stretch which tears or stretch the nerves In many cases injuries that cause Erbs palsy can be prevented This is an uncommon birth injury which parents arent aware of During the birthing process parents are distracted by many things and its easy to overlook warning indicators that could lead serious medical errors An experienced attorney for erbs palsy can assist parents in determining whether the childs condition is caused by medical negligence If it is a lawsuit may be brought to recover financial compensation that can go towards medical treatment and assistive devices While money wont completely erase the effects of birth injuries it can provide the financial assistance a child needs to live a fulfilling life The majority of cases involving erbs syndrome settle before trial therefore you should act quickly Birth Injury The financial and emotional strain of living with erbs syndrome is significant An Erbs palsy settlement can assist families with therapies treatments and assistive devices The brachialplexus refers to the nerve system that runs through your childs arm It gives sensation and coordinated movements to their hands and arms The nerves network can be damaged by pulling too hard during delivery or using instruments Medical malpractice is considered when injuries to the brachialplexus result by the carelessness or negligence of a nurse doctor or hospital staff Parents who prevail in their case can be awarded compensation for medical bills such as physical therapy occupational therapy and surgery To show that a doctor is negligent the legal team will need to show that they failed to provide the standards of medical care They must also show that the error was the main and primary cause of the birth injury In a lot of cases doctors will pull on the babys neck or shoulder in an attempt to bring them into the birth canal This can strain the nerves of the babys neck and cause strokes which can affect either or both sides their head It is also typical for a physician to improperly utilize a vacuum extractor or forceps during labor to force a baby into the birth canal which could cause nerve damage Statute of limitations Parents of children suffering from Erbs palsy could be qualified for compensation However there is a specific deadline called the statute of limitations which limits the time families have to file legal actions The statute of limitations typically starts at the age of 18 of an individual If you believe that medical malpractice or negligence caused your childs Erbs Palsy It is crucial to speak with an Erbs Palsy lawyer immediately to determine whether you are entitled to sue Erbs Palsy is a condition that results from damage to the nerves network in the shoulder and neck referred to as the brachial plexus The injury is usually caused when the childs head gets stuck under the mothers pelvic bones during labor or birth This condition is referred to as shoulder dystocia When erbs palsy lawsuit san jose try to extract a stuck infant they can push too hard on the shoulders and the neck which can damage the nerves of the arm A doctor or midwife should be able to anticipate issues such as shoulder dystocia and know how to safely deliver the baby without causing injury If they violate this obligation by pulling too excessively on the neck or the shoulders this could be construed as medical malpractice Fortunately victims of medical malpractice are able to seek compensation to cover the medical bills of their child as well as ongoing care Filing a Lawsuit If a baby is diagnosed with erbs syndrome due to medical negligence during delivery An attorney can help him or her file lawsuits against the medical doctor and other medical care providers responsible for his or her injury Lawsuits can assist parents in obtaining financial compensation for the cost of therapy medical bills as well as assistive devices and lost wages They can also help families feel a sense of justice and closure The legal process for a lawsuit begins with a free consultation with a knowledgeable lawyer If the lawyer feels the case is a valid one they will send an email to the defendants The demand letter will outline the facts of the situation and an offer for compensation in the form of money During the discovery phase the legal team will collect evidence and speak with witnesses to establish a solid case The team will also file a court report The legal team of the defendants will review and respond to the claim In a perfect world the parties could reach an agreement that is satisfactory for both parties Not all cases are resolved and a lot go to trial During a trial the judge and jury will listen to both sides arguments to determine a winner If the plaintiff wins the case and is awarded a payment If the plaintiff loses they wont get any money
