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Erbs Palsy Legal Legal action for Erbs Palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs This kind of personal injury claim will help parents pay for their childs medical bills The birth of a child can cause abrasions or other injuries to the brachialplexuss nerves In many cases doctors have to apply pressure during the delivery but if they do it too much or underestimate the amount of pressure applied it could result in an injury Medical Malpractice A medical malpractice claim centers on a healthcare professionals breaching their standard of care during an aforementioned set of circumstances This may include care that was not provided during pregnancy the inability to recognize the presence of a pregnancyrelated issue such as fetal macrosomia or failures to perform Csections as required Erbs syndrome is a condition that affects the brachial nerves that control movement and sensation in the arm shoulder and hand It usually occurs as a result of traumatizing pull or stretch that tears or stretches the nerves In a majority of cases the injuries that cause erbs palsy can be prevented This is a common birth defect which parents arent aware of When delivering there are numerous thoughts going through their head and its difficult to notice signs of a mistake which could result in an injury that is serious to the medical system A seasoned lawyer for erbs palsy can assist parents in determining the cause of their childs illness due to medical negligence If it is a lawsuit may be filed to obtain the financial compensation needed to go towards medical treatments or assistive devices Money cannot undo the effects of birth injuries but it could provide a child with the financial support they need to lead a happy and fulfilling life The majority of erbs palsy lawsuits end up being settled before trial which is why it is imperative to act quickly Birth Injury Living with erbs syndrome can be emotionally and financially draining Settlements for Erbs Palsy will help families cover treatment therapy and other devices The brachialplexus is a nerve system that runs along your childs arm It provides sensation and coordinated movements to their arms and hands The forceful pulling that occurs during labor and delivery or the use of instruments may cause nerve damage and cause Erbs Palsy Medical malpractice is a case of injuries to the brachialplexus are caused due to the negligence or carelessness of a physician nurse or hospital staff Parents who prevail in their case may receive compensation for medical bills as well as occupational therapy physical therapy therapy and surgery To prove that a doctor was negligent the legal team must show that they failed to meet the standard of care They must also prove that the failure was a direct proximate cause of the infants injury In erbs palsy attorneys dothan make the mistake of pull too hard on the neck or shoulder of a newborn when trying to guide them through the birth canal This action can stretch the nerves in the neck of the baby causing a stroke affecting either or both sides of their head When a birth is difficult it is common for a doctor to use forceps or a vacuum extractor to force the child through the birth canal This can result in nerve damage Statute of Limitations Parents with children with erbs syndrome may be entitled to compensation There is a deadline known as the statutes limitations that limits the length of time that a family can legally pursue legal action Generally speaking the statute of limitations is set when an individual turns 18 Parents who believe their childs erbs syndrome was caused by medical negligence or negligence ought to consult an Erbs palsy lawyer as soon as they can to determine whether they are entitled to file an action Erbs Palsy is caused by damage to the brachialplexus nervous system in the babys neck and shoulder Often this injury occurs when the head of a child gets trapped beneath the pelvic bone during labor or birth or delivery a condition known as shoulder dystocia When medical professionals try to extract a stuck infant in the womb they may pull too hard on the shoulders and neck which can damage the nerves in the arm A doctor or midwife should be able to anticipate issues such as shoulder dystocia and be able to safely deliver the baby without causing injury If they violate this duty by putting pressure on the shoulders or neck too hard this could be construed as negligence Medical malpractice victims can be awarded compensation for their childs ongoing treatment and medical expenses Filing a Lawsuit If a baby develops erbs palsy due to medical negligence during delivery an attorney could assist the baby to file an action against the doctor and other medical caregivers responsible for their injury The law suits can help parents obtain financial compensation that covers expenses for therapy medical bills as well as assistive devices and lost wages They also provide families with the satisfaction of having their issues resolved and a sense of closure The legal procedure for a lawsuit begins with a complimentary consultation with a seasoned lawyer If the lawyer is convinced that the case is meritorious then they will issue a demand note to the defendants The demand letter will include the facts of the case and a request for compensation In the discovery phase the legal team will collect evidence and interview witnesses to create a convincing case The team will also file an official court report The legal team of the defendants will then analyze and respond to the claim In a perfect scenario the parties would come to a settlement which satisfied both sides Some cases are not resolved and a lot go to trial In a trial the judge and jury will listen to both sides arguments to decide who is the winner If the plaintiff wins the case they will be awarded a payment If the plaintiff loses he or wont receive any compensation whatsoever