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Erbs Palsy Legal Legally Erbs Palsy is the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy costs This kind of personal injury claim may help parents pay for the treatment of their child Inaccurate medical interventions during childbirth could result in abrasions or other damage to the brachialplexuss nerves In many cases doctors have to apply pressure during birth but if they use too much pressure or do not accurately gauge the amount of pressure applied it could result in injury Medical Malpractice A medical malpractice claim is the result of a healthcare professionals failure to perform their standard of care under a specific set of circumstances This could be due to inadequate prenatal care the inability to identify a pregnancy issue such as fetal macrosomia or failure to perform a C section when needed Erbs Palsy is caused by a condition affecting the brachial nerve which regulates the movement and sensations of the shoulder arm and hand It often results from traumatizing pull or stretch that tears or stretches the nerves In many cases injuries that cause ErbsPallsy could be avoided But its an uncommon birth injury that a lot of parents do not anticipate During the delivery process a parent has many thoughts running through their heads and its quite easy to miss signs of an error which could result in a serious medical mistake An experienced erbs palsy lawyer can assist parents in determining the cause of their childs illness caused by medical negligence If this is the case a lawsuit can be filed for an amount of money to cover medical treatments and assistive equipment Money cant undo the harms of birth injuries but it could provide a child with the financial aid they need to lead a happy and fulfilling life The majority of cases involving erbs palsy end up being settled before trial which is why it is imperative to act fast Birth Injury Living with erbs syndrome can be emotionally and financially draining A settlement for Erbs palsy can help families cover therapy treatment and assistive devices The brachialplexus is a collection of nerves located in your childs arm that provide a sense of touch and coordinated movement to the hands and arms The nerves network can be damaged by pulling too hard during birth or using instruments Medical malpractice is a case of injuries to the brachialplexus are caused through the negligence or inattention of a physician nurse or hospital personnel Parents who prevail in their case could be awarded compensation for medical expenses physical therapy occupational therapy and even surgery To demonstrate that a physician is negligent the legal team must to prove that they failed to meet the requirements of medical care They must also prove that the error was the sole and primary cause of the birth injury In many instances doctors will pull on the infants neck or shoulder in order to guide them into the birth canal This can stretch the neck nerves of the infant and result in a stroke either or both sides It is also typical for a doctor not to properly use a vacuum extractor or forceps during labor to force a child through the birth canal which can cause nerve damage Statute of Limitations Parents of children with Erbs palsy could be qualified for compensation However there is a strict timeframe known as the statute of limitations that limits how long families are required to pursue legal action The statute of limitations usually starts on the 18th birthday of an individual If you believe that negligence or medical malpractice caused your childs Erbs Palsy it is imperative to consult with an Erbs Palsy lawyer immediately to determine whether you are entitled to pursue a lawsuit Erbs Palsy is caused by damage to the brachialplexus nervous system in the neck of the baby and shoulder Most often this injury occurs when a babys head is trapped beneath the pelvic bone during the labor or delivery process which is known as shoulder dystocia When medical professionals attempt to free the baby who is stuck and head they can pull too hard on their necks and shoulders damaging the nerves of the arm A midwife or doctor should be able to recognize potential complications such as shoulder dystocia and know how to safely deliver a baby without causing injury to it If they breach this duty by pulling on the shoulders or neck too hard this could be construed as negligence Fortunately those suffering from medical malpractice can seek compensation to cover the medical bills of their child and ongoing medical care Filing an action If a baby develops erbs palsy as a result of medical negligence during the birth an attorney may assist the baby to file an action against the doctor and other medical personnel responsible for his or her injury Parents may be able to receive financial compensation for medical expenses as well as therapy assistive devices and lost wages through lawsuits They can also help families find a sense justice and closure A free consultation with a seasoned lawyer is the first step in the legal process If the lawyer is convinced that the case is valid and enforceable they will send an official demand letter to defendants The demand letter should contain the facts of the case as well as an offer for compensation During the discovery stage the legal team will collect evidence and interview witnesses to build an argument that is strong The team will also submit a court report erbs palsy lawyer fort myers of the defendants will review the case and respond with their own In a perfect world the parties would reach an agreement that satisfied both sides There are cases that are not always resolved and a lot go to trial During a trial the jury and judge will listen to both sides arguments to decide who is the winner If the plaintiff wins he or she will receive a payment and the case will end If the plaintiff loses he is not eligible for payment at all