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Erb's Palsy Legal Legal action for Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This type of personal injury claim could aid parents in paying for the treatment of their child. Birth defects that are not properly addressed during the childbirth process can result in abrasions or other injuries to the brachial plexus nerves. Doctors are often required to apply force during birth. However, if they apply too much pressure or misjudge the amount of pressure needed, it can lead to an injury. Medical Malpractice A medical malpractice case focuses on a healthcare professional breaching their standards of care in certain circumstances. This could include inadequate prenatal care, the inability to detect a pregnancy problem (such as fetal macrosomia) or failure to perform a C-section if it is required. Erb's syndrome is a condition that affects the brachial nerves that regulate movement and sensation in the shoulder, arm and hand. It typically occurs due to a traumatic pull or stretch that causes tears or stretching of the nerves. In a majority of cases, the injuries that cause erb's paralysis are avoidable. This is a common birth defect that most parents are not aware of. During the birthing process, parents can be distracted by a variety of things and it's very easy to overlook warning indications that could lead to serious medical errors. An experienced lawyer who specializes in erb's paralysis can assist parents in determining if their child's condition was caused by medical negligence. If this is the case, a lawsuit may be filed for an amount of money to cover medical treatment and assistive equipment. Although money cannot completely erase the effects of a birth injury, it can provide the financial support the child needs to live a fulfilling life. Most erb’s palsy cases are settled before trial, so you must act quickly. Birth Injury The emotional and financial burden of living with erb's palsy is considerable. Settlements for Erb's Palsy may help families pay for treatment, therapy, and assistive devices. The brachialplexus is a nerves that run through the arm of your child. It provides sensation and coordinated movements to their hands and arms. This network of nerves can be damaged when you pull too hard during birth or by using instruments. The brachial plexus can be injured. are considered medical malpractice if they are caused due to the negligence of a doctor or hospital staff. In the event of a successful case, parents can receive the amount they owe for medical bills as well as occupational and physical therapy as well as surgery. To prove that the doctor was negligent the legal team has to show that they failed to meet the standard of care. They must also show that the failure was the primary and most direct cause of the birth injury. In many cases, a doctor will mistakenly over-stretch the shoulder or neck of an infant when trying to pull them through the birth canal. This could stretch the neck nerves of the infant and cause a stroke on one or both sides. It is also common for a doctor to incorrectly use a vacuum extractor forceps during a difficult birth to force a baby through the birth canal, which could cause nerve damage. Statute of limitations Parents of children with erb's paralysis may be entitled to compensation. However there is erb's palsy lawyer salinas known as the statute of limitations, which limits the time families have to file legal actions. The statute of limitation generally commences at the age of 18 of an individual. Parents who believe their child's erb's paralysis was caused by medical negligence or negligence should consult an attorney for Erb's Palsy as soon as they can to determine if they have the right to file an action. Erb's palsy is caused by damage to the brachial-plexus nerve system located in the neck and shoulder. Often, this injury occurs when a child's head gets trapped beneath the pelvic bone during labor or delivery and is referred to as shoulder dystocia. When medical professionals attempt to free a child stuck in the womb, they may push too hard on the shoulders and neck, which can damage the nerves in the arm. A doctor or midwife should be able to recognize potential complications such as shoulder dystocia, as well as know how to safely give birth without injury to it. If they violate this requirement by pulling on the shoulders or neck too hard this could be construed as negligence. Fortunately, the victims of medical malpractice can seek compensation to cover the medical bills of their child and ongoing treatment. Filing a Lawsuit If a baby is diagnosed with erb's syndrome due to negligent medical care during the delivery An attorney can help him or her file a lawsuit against the medical professional and other medical professionals accountable for his or her injury. Parents can receive financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They also provide families with the feeling of justice and closure. A no-cost consultation with a lawyer who has experience is the first step in the legal process. If the lawyer feels the case is legal, they will send an official demand letter to defendants. The demand letter will contain the facts of the case and the request for monetary compensation. In the discovery phase, the legal team will collect evidence and talk to witnesses to construct a strong case. They will also submit a report to the court. The defendants' legal team will then examine the claim and then respond with their own. Ideally, parties will reach an agreement that pleases both sides. However there are cases that do not reach an agreement and a lot of cases will go to trial. In a trial, the judge and jury will listen to the arguments of both sides to determine a winner. If the plaintiff wins, he or she will receive a payout and the lawsuit will come to a close. If the plaintiff loses, the plaintiff won't be able to receive any money.