Erb's Palsy Attorneys: It's Not As Difficult As You Think
Erb's Palsy Legal
Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to claim compensation for medical bills and therapy costs. This type of personal injuries claim will help parents pay for their child's medical bills.
Medical mistakes during child birth could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors often need to use force during delivery. However, if they apply excessive pressure or don't know how much pressure is needed it could cause an injury.
Medical Malpractice
A medical malpractice claim is the result of a healthcare professional's failure to perform their standard of care under a specific set of circumstances. This can include improper care during pregnancy, inability to detect the presence of a pregnancy-related issue (such as fetal macrosomia) or inability to perform C-sections when necessary.
Erb's Palsy is caused due to an illness that affects the brachial nerve network that controls movement and sensations in the arm, shoulder, and hand. It is often caused by a traumatizing stretch or pull that tears or strains the nerves.
In most cases, the injuries that cause erb's paralysis are preventable. However, this is an extremely common birth injury that parents do not anticipate. During the birthing process, parents can be distracted by a multitude of things and it's easy to miss indications that could lead to serious medical mistakes.
An experienced lawyer for erb's syndrome can assist parents in determining if their child's condition is caused by medical malpractice. If this is the case, a lawsuit can be filed for an amount of money to cover medical treatments and assistive equipment. It is not able to reverse the consequences of birth injuries but it can provide a child with the financial resources they require to lead a happy and fulfilling life. The majority of cases involving erb's syndrome are settled before going to trial, therefore it is essential to act fast.
Birth Injury
Living with erb's syndrome can be emotionally and financially draining. An Erb's-Palsy settlement could help families pay for treatment, therapy, and assistive devices. The brachialplexus comprises the nerves that run along your child's arm. It gives sensation and coordinated movements to their hands and arms. Instability during labor and birth or the use of instruments could cause nerve damage and cause Erb's Palsy. Brachial plexus injuries are considered medical malpractice if they were caused by the negligence of doctor or hospital staff.
In the event of a successful case parents may be awarded compensation for medical expenses as well as occupational and physical therapy as well as surgery. To show that a doctor is negligent the legal team has to prove that they didn't meet the standard of medical care. They must also show that the failure was a direct and immediate reason for the infant's birth injury.
In a majority of cases doctors mistakenly over-stretch the baby's neck or shoulder in order to guide them through the birth canal. This can cause stretching of the nerves of the baby's neck and cause strokes that affect either or both sides their head. When a birth is difficult it is normal for a doctor to employ forceps or a vacuum extractor to force the child through the birth canal. This could cause nerve damage.
Statute of limitations
Parents who have a child with erb's paralysis may be entitled to compensation. However, there is a strict deadline known as the statute limitations that restricts the time families are required to pursue legal action.
Generally, the statute of limitation begins on the 18th birthday of an individual. Parents who believe that their child's erb's syndrome was caused by medical malpractice or negligence must consult an attorney who specializes in Erb's palsy as soon as they can to determine if they are entitled to bring a lawsuit.
Erb's Palsy is caused due to damage to the brachial-plexus nervous system in the neck of the baby and shoulder. Most often, this injury occurs when the head of a child gets trapped beneath the pelvic bone during labor or delivery, a condition known as shoulder dystocia. When medical professionals attempt to extract a stuck infant, they can force too much pressure on the shoulders and the neck, which may damage the nerves that run through the arm.
erb's palsy attorneys georgia or midwife must be able to recognize potential complications like shoulder dystocia, and understand how to safely give birth without injury to it. If they violate this obligation by pulling too hard on the neck or shoulders this could be construed as medical malpractice. Fortunately, the victims of medical malpractice can seek compensation to cover their child's medical bills and ongoing medical care.
Filing an action
If a baby is diagnosed with erb's syndrome due to medical negligence during the birth, an attorney may aid the child in filing a lawsuit against the doctor and other medical personnel accountable for his or her injury. Lawsuits can assist parents in obtaining financial compensation for the cost of therapy, medical bills as well as assistive devices and lost wages. They can also assist families feel a sense of justice and closure.
The legal process for filing a lawsuit begins with a free consultation with an experienced lawyer. If the lawyer is convinced that the case is valid they will then send an email to the defendants. The demand letter will contain the facts of the case and the request for monetary compensation.
During the discovery phase the legal team will gather evidence and talk to witnesses to establish a solid case. The team will also file a court document. The defendants' legal team will then look over the claim and respond with their own.
In a perfect scenario, the parties would come to an agreement that is satisfactory for both parties. However, not all cases reach a settlement and many will go to trial. In a trial the jury and judge will hear both sides' arguments to decide on a winner. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses, he / will not receive any compensation whatsoever.