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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 expenses. This kind of personal injury claim will help parents pay for their child's medical expenses. The birth of a child can result in abrasions or other damage to the nerves of the brachialplexus. Doctors are often required to apply pressure during the delivery. However when they apply too much pressure or do not know the amount of pressure required this could cause an injury. Medical Malpractice A medical malpractice claim is caused by medical professionals' failure to meet their standard of treatment in a specific set of circumstances. This could be due to inadequate prenatal care, a failure to identify a pregnancy issue (such as fetal macrosomia) or failing to perform a C-section if it is required. Erb's Palsy is caused by a condition that affects the brachial nerve system that regulates movement and the sensations in the shoulder, arm and hand. It usually occurs as a result of traumatizing pull or stretch that stretches or tears the nerves. In a majority of cases, the injuries that cause erb's paralysis can be prevented. It is an uncommon birth injury that most parents are not aware of. When delivering there are numerous thoughts going through their mind and it's very difficult to notice signs of an error that could lead to a serious medical error. An experienced erb's palsy lawyer can help parents determine whether their child's condition is caused by medical negligence. If it is the lawsuit could be brought to recover money that can be used towards medical treatments and assistive devices. The money won't reverse the effects of birth injuries however, it can provide a child with the financial support they need to live a fulfilling life. The majority of erb's palsy lawsuits end up being settled before going to trial, therefore it is important to act fast. Birth Injury The emotional and financial burden of living with erb's syndrome is significant. A settlement for Erb's palsy could aid families in paying for treatment, therapy, and assistive devices. The brachialplexus is a collection of nerves in the arm of your child that provide sensation and coordinated movement to the hands and arms. The nerves' network can be damaged if you pull too hard during birth or using instruments. Medical malpractice can be considered if injuries to the brachialplexus are caused through the negligence or inattention of a physician, nurse or hospital personnel. Parents who win their case may get compensation for medical expenses and physical therapy, occupational therapy and surgery. To prove that a doctor was negligent the legal team must to show that they failed to provide the standards of medical care. They must also show that the failure was the main and primary reason for the birth injury. In a majority of cases, a doctor will mistakenly push too hard on an infant's neck or shoulder when trying to guide them through the birth canal. This could stretch the nerves of the neck of the infant and trigger a stroke, affecting either or both sides of their head. It is also common for a physician to improperly utilize a vacuum extractor or forceps during a difficult birth. This can push a baby through the birth canal, which could cause nerve damage. Statute of Limitations Parents who have a child who suffers from erb's paralysis could be entitled to compensation. However, there is a strict deadline called the statute of limitations that restricts the time families are required to take legal action. Generally, the statute of limitations begins on the 18th birthday of an individual. If you believe that negligence or medical malpractice caused your child's Erb's-Pallsy, it is important to speak with an Erb's Palsy lawyer right away to determine whether you have the legal right to pursue a lawsuit. Erb's syndrome is a condition that is caused by injury to the nerves' network in a baby's shoulder or neck, also known as the brachial plexus. This injury is often caused when a child's head becomes stuck beneath the pelvic bones during labor or the delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to remove a child who is stuck, they may pull too hard on their necks and shoulders and cause damage to the nerves of the arm. A midwife or doctor should be able to spot potential issues such as shoulder dystocia and know how they can safely deliver the baby without causing injury. If they violate this requirement by pulling on the shoulders or neck too hard and causing pain, it could be regarded as negligent. erb's palsy attorney grand rapids of medical malpractice can receive compensation for ongoing medical care and medical bills. Filing an action A lawyer can help those children who suffer from erb's palsy as a result medical negligence during birth file a lawsuit. The lawyer will bring a lawsuit against the doctor or other medical caregivers that caused the injury. Parents can get financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They also provide families with an understanding of justice and closure. The legal process for a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer is convinced that the case is legal and enforceable, they will send a demand 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 stage the legal team will collect evidence and speak with witnesses to construct a strong case. The team will also file a court document. The legal team of the defendants will then analyze and respond to the claim. Ideally, parties will come to a settlement that satisfies both sides. However many cases do not come to the point of settlement, and many will go to trial. In a court trial a judge and jury will examine both sides' arguments in order to determine the winner. If the plaintiff is successful, he or she will be paid a sum and the lawsuit will come to a close. If the plaintiff loses, the plaintiff will not receive any money.