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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy costs. This type of personal injury claim could help parents pay for the treatment of their child. Inaccurate medical interventions during childbirth could cause abrasions, or other injuries to the nerves of the brachialplexus. In many cases, doctors have to apply pressure during the delivery but if they apply excessive force or fail to gauge the amount of pressure they apply, it could result in injury. Medical Malpractice Medical malpractice claims focus on a healthcare professional's breach of their standard of care under the context of a particular set of circumstances. This can include improper prenatal care, an inability to detect a pregnancy problem (such as fetal macrosomia), or failure to perform a C section when it is required. Erb's Palsy is caused by a condition that affects the brachial nerve system that controls the sensations and movement of the arm, shoulder, and hand. It is usually caused by a severe pull or stretch that stretches or tears the nerves. In many cases, the injuries that cause Erb's palsy can be avoided. It is an extremely common birth injury that the majority of parents aren't aware of. During the birthing process, parents are distracted by a multitude of things and it's very easy to overlook indicators that could lead serious medical errors. A seasoned lawyer for erb's palsy can help parents determine if their child's condition was due to medical negligence. If it is there is a possibility of a lawsuit being filed to seek financial compensation that can go towards medical treatments and assistive devices. It is not able to reverse the consequences of birth injuries but it could give a child the financial support they need to live a fulfilled life. The majority of cases involving erb's syndrome settle before trial, so it's important to act fast. Birth Injury The emotional and financial burden of living with erb’s palsy is considerable. A settlement for Erb's palsy will help families cover therapies, treatments and assistive devices. The brachialplexus comprises the group of nerves that runs through the arm of your child. It provides sensation and coordinated movements to their hands and arms. This network of nerves can be damaged by pulling too hard during delivery or by using instruments. Medical malpractice is the term used when injuries to the brachialplexus result through the negligence or inattention of a physician, nurse or hospital staff. In the event of a successful claim parents could receive compensation that covers medical bills as well as occupational and physical therapy, as well as surgery. To prove that a doctor was negligent, the legal team will need to demonstrate that they failed to provide the standard of medical care. They must also prove that the error was the primary and most direct cause of the birth injury. In many cases, doctors will pull on the baby's neck or shoulder in an attempt to bring them into the birth canal. This action can stretch the nerves of the neck of the baby, causing a stroke, affecting the head on one or both sides of their head. If the birth experience is difficult the norm is for doctors to employ forceps or a vacuum extractor to force the baby through the birth canal. This can result in nerve damage. Statute of Limitations Parents with children with erb's paralysis may be entitled to compensation. There is a time limit, called the statutes of limitations, which limits the time a family can legally pursue legal action. The statute of limitations generally begins on the 18th birthday of an individual. erb's palsy attorney waukegan who believe their child's erb's palsy was the result of medical malpractice or negligence must consult an attorney for Erb's Palsy immediately to determine if they have the right to bring a lawsuit. Erb's palsy is a complication that is caused by injury to the nerve system in a baby's shoulder or neck, also known as the brachial plexus. This condition is typically caused when the baby's head is stuck between the pelvic bones during the labor or delivery. This condition is known as shoulder dystocia. When medical professionals attempt to free the baby who is stuck in the process, they might push too hard on their shoulders and neck and end up damaging the nerves of the arm. A doctor or midwife should be able to spot potential problems such as shoulder dystocia and know how they can safely deliver the baby without causing injury. If they breach this duty by pulling too excessively on the neck or shoulders, it could be considered medical malpractice. Medical malpractice victims can receive compensation for their child's ongoing treatment and medical expenses. Filing a Lawsuit If a baby is diagnosed with erb's syndrome due to medical negligence during delivery An attorney can help the baby file an action against the doctor and other medical caregivers accountable for his or her injury. Legal action can help parents receive financial compensation to cover costs for therapy, medical bills, assistive devices, and lost wages. They can also assist families feel a sense of justice and closure. A no-cost consultation with a seasoned lawyer is the first step in the legal process. If the lawyer believes that a case has merit the lawyer will issue a demand note to the defendants. The demand letter should contain the facts of the case as well an offer for compensation in the form of money. During the discovery phase the legal team will gather evidence and speak with witnesses to construct a strong case. They will also present a report to the court. The legal team of the defendants will then examine and respond to the claim. In a perfect world, the parties would come to an agreement that is satisfactory for both parties. However there are cases that do not reach an agreement, and some end up going to trial. In a trial, the jury and judge will listen to the arguments of both sides to decide on a winner. If the plaintiff wins the case, they will receive a payment. If the plaintiff loses, he / is not eligible for payment at all.