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Erb's Palsy Legal Erb's palsy legal involves the filing of an insurance claim or lawsuit to recover reimbursement for medical bills and therapy costs. This kind of personal injury claim can assist parents in paying the medical bills of their child. The complication of a medical error during childbirth could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors are often required to apply pressure during the birth. However should they apply too much pressure or misjudge the amount of pressure required, it can lead to an injury. Medical Malpractice A medical malpractice claim is based on the failure of a healthcare professional to perform their standard of care in a particular set of circumstances. This can include improper prenatal care, inability to detect a pregnancy problem (such as fetal macrosomia) or failing to perform a Csection when it is required. Erb's Palsy is caused due to an illness that affects the brachial nerve, which regulates the movement and sensations of the shoulder, arm and hand. It usually occurs as a result of a traumatic pull or stretch which tears or strains the nerves. In many cases, the injuries that cause erb's syndrome can be prevented. However, this is a very common birth injury that many parents do not anticipate. When delivering there are several things going through their mind and it is very difficult to notice signs of a mistake which could result in an unintentional medical error. An experienced lawyer for erb's syndrome can help parents determine the cause of their child's illness due to medical negligence. If it is the lawsuit could be filed to obtain an amount of money to be used towards medical treatment and assistive devices. It is not able to reverse the consequences of birth injuries but it could give a child the financial resources they require to live a fulfilling life. Most erb’s palsy cases settle before trial, therefore you must act fast. Birth Injury Living with erb's syndrome can be financially and emotionally draining. A settlement for Erb's palsy could aid families in paying for therapy, treatment and assistive devices. The brachialplexus refers to the nerves that run through your child's arm. It provides sensation and coordinated movements to their hands and arms. This nerve network could be damaged by pulling too hard during delivery or by using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused due to the negligence of a hospital or medical professional. In the event of a successful case, parents can receive reimbursement for medical bills, physical and occupational therapy as well as surgery. To show that a doctor is negligent, the legal team will need to show that they failed to meet the requirements of medical care. They must also demonstrate that this failure was a direct and immediate cause of the infant's birth injury. In many instances doctors will pull too hard on the neck or shoulder of a newborn when trying to pull them through the birth canal. This can stretch the neck nerves of the infant and cause a stroke on either or both sides. If the birth experience is difficult it is common for doctors to use forceps or a vacuum extractor to force the baby through the birth canal. This can cause nerve damage. Statute of limitations Parents who have a child with erb's syndrome may be entitled to compensation. There is a time limit known as the statutes of limitations, which limits the length of time that a family can engage in legal action. The statute of limitations generally starts at the age of 18 of an individual. Parents who believe their child's erb's palsy was caused by medical malpractice or negligence should consult an attorney who specializes in Erb's palsy as soon as they can to determine whether they are entitled to bring a lawsuit. Erb's palsy is caused by damage to the brachial plexus nerve in the neck and shoulder. Typically, this type of injury occurs when a child's head becomes stuck beneath the pelvic bone during labor or delivery which is known as shoulder dystocia. When medical professionals attempt to remove a child who is stuck or a child, they could forcefully pull on their shoulders and neck, causing damage to nerves in the arm. A midwife or doctor should be able to spot potential complications such as shoulder dystocia, and know how to safely deliver the baby without causing an injury. If they violate this duty by pulling on the neck or shoulders too hard, it could be considered negligent. Medical malpractice victims can be awarded compensation for the ongoing care of their child and medical expenses. Filing a Lawsuit A lawyer can help the child who is diagnosed with erb's palsy because of medical negligence during birth file a lawsuit. The lawyer will then take action against the doctor or any other medical caregivers that caused the injury. Parents can receive financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also help families achieve a sense of justice and closure. The legal procedure for a lawsuit begins with a free consultation with an experienced lawyer. If the lawyer believes the case is legitimate and enforceable, they will send an email to the defendants. erb's palsy attorneys laguna niguel will include the facts of the case and the request for monetary compensation. During the discovery phase, the legal team will collect evidence and speak with witnesses to build a solid case. The team will also prepare a court report. The legal team of the defendants will look over and respond to the claim. In a perfect scenario, the parties would reach a settlement which satisfied both sides. Not all cases are settled and many go to trial. During a trial, the judge and jury will hear the arguments of both sides to decide on a winner. If the plaintiff wins the case and is awarded an amount. If the plaintiff loses then they won't get any compensation.