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Erbs Palsy Legal Legal action for Erbs Palsy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs This kind of personal injury claim can aid parents in paying for the treatment of their child The complication of a medical error during childbirth 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 use too much pressure or do not accurately gauge the pressure needed it could result in injury Medical Malpractice A medical malpractice case focuses on a healthcare professionals breach of their standard of care during the context of a particular set of circumstances This can include improper prenatal care the inability to recognize a pregnancyrelated issue such as fetal macrosomia or failure to perform a Csection when necessary Erbs palsy is a disorder that affects the brachial plexus nerves that regulate movement and sensation in the shoulder arm and hand It usually occurs as a result of an injury or a pull that tears or stretches the nerves In many cases injuries that cause erbs syndrome are avoidable It is a common birth injury that parents arent aware of During the birthing process parents can be distracted by many things and its easy to miss indicators that could lead serious medical mistakes A seasoned lawyer for erbs palsy can help parents determine if their childs condition was caused by medical negligence If so a lawsuit may be filed to seek the financial compensation needed to go towards medical treatment and assistive devices The money wont reverse the effects of birth injuries however it can give a child the financial assistance they require to live a full and happy life The majority of cases involving erbs syndrome settle before trial therefore you must act fast Birth Injury Living with erbs syndrome can be emotionally and financially draining An Erbs Palsy settlement may aid families in paying for therapy treatments and assistive devices The brachial plexus is a group of nerves located in your childs arm that provide a sense of touch and coordinated movement to hands and arms The nerves network can be damaged if you pull too hard during birth or by using instruments Medical malpractice is a case of injuries to the brachialplexus result by the carelessness or negligence of a doctor nurse or hospital personnel Parents who prevail in their case may be awarded compensation for medical bills as well as occupational therapy physical therapy therapy as well as surgery In order to prove that a doctor was negligent the legal team must prove that they failed to meet the standards of care They must also demonstrate that the negligence was the primary and most direct cause of the birth injury In many cases doctors make the mistake of push too hard on the shoulder or neck of an infant in order to guide them through the birth canal This can stretch the neck nerves of the infant and result in a stroke one or both sides It is also typical for a physician to improperly use a vacuum extractor forceps during labor to push a baby through the birth canal which could cause nerve damage Statute of limitations Parents whose child has erbs syndrome may be eligible for compensation There is a deadline known as the statutes of limitations that limits how long a family can legally pursue legal action The statute of limitations typically starts on the 18th birthday of an individual If you suspect that medical malpractice or negligence caused your childs Erbs Palsy it is important to consult an ErbsPalsy lawyer right away to determine whether you have the legal right to sue Erbs palsy is a complication that is caused by damage to the nerve network in the babys shoulder and neck referred to as the brachial plexus This condition is typically caused when a childs head becomes stuck between the pelvic bones during labor or birth This condition is referred to as shoulder dystocia When medical professionals attempt to free a baby stuck in the process they might pull too hard on their shoulders and neck and cause damage to the nerves of the arm A doctor or midwife should be able to recognize potential problems such as shoulder dystocia and be able to safely deliver the baby without causing injury If erbs palsy lawyer salem fail to meet this requirement by pulling too excessively on the neck or shoulders this could be construed as medical malpractice Fortunately the victims of medical malpractice can recover compensation to cover the medical bills of their child and ongoing treatment Filing an action An attorney can assist those who have children with erbs palsy as a result medical negligence during birth a lawsuit The lawyer will bring a lawsuit against the doctor or other medical personnel who caused the injury Lawsuits can help parents get financial compensation to cover medical bills therapy costs assistive devices and lost wages They can also assist families achieve a sense of justice and closure A free consultation with a lawyer experienced is the first step in the legal process If the lawyer feels the case is legitimate and enforceable they will send an order letter to the defendants The demand letter should contain the facts of the case and an offer for compensation in the form of money During the discovery phase in the discovery phase the legal team will gather evidence and speak to witnesses in order to build a strong case They will also present an account to the court The defendants legal team will review the case and then respond with their own In the ideal scenario parties will reach an agreement that pleases both parties However it is not always the case that cases reach a settlement and many end up going to trial In a court trial a judge and jury will hear both sides arguments in order to determine who wins If the plaintiff wins he or she will receive a payout and the case will be concluded If the plaintiff loses then the plaintiff wont be able to receive any compensation
