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Erbs Palsy Legal Legal action for Erbs palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs This type of personal injuries claim will help parents pay for the medical bills of their child Inaccurate medical interventions during childbirth could cause abrasions or other injuries to the brachialplexuss nerves Doctors are often required to apply pressure during the delivery However should they apply too much pressure or do not know how much pressure is needed it can lead to an injury Medical Malpractice A medical malpractice claim is an accusation of the failure of a healthcare professional to provide the required treatment in a specific set of circumstances This can include improper care during pregnancy the inability to recognize a problem with pregnancy such as fetal macrosomia or failing to perform Csections if needed Erbs palsy is caused by a condition that affects the brachial nerve which controls the sensations and movement of the arm shoulder and hand It is usually caused by a traumatic stretch or pull that tears or strains the nerves In a majority of cases the injuries that cause erbs palsy can be prevented However it is an uncommon birth injury that parents dont expect During the birthing process parents are distracted by a myriad of things and its very easy to overlook signs that could lead to serious medical mistakes erbs palsy lawyer longmont experienced erbs palsy attorney can assist parents to determine if their childs illness is the result of medical malpractice If it is there is a possibility of a lawsuit being brought to recover the financial compensation needed to go towards medical treatment and assistive devices Money cant undo the harms of birth injuries but it can provide a child with the financial assistance they require to live a fulfilled life The majority of cases involving erbs syndrome are settled before going to trial so it is imperative to act quickly Birth Injury Living with erbs paralysis can be financially and emotionally draining An ErbsPalsy settlement could help families pay for therapy treatments and assistive devices The brachialplexus comprises the nerves that run along the arm of your child It gives sensation and coordinated movements to their hands and arms This nerve network could be damaged when you pull too hard during delivery or by using instruments Medical malpractice is a case of injuries to the brachialplexus result by the carelessness or negligence of a physician nurse or hospital staff In the event of a successful case parents may be awarded the amount they owe for medical bills physical and occupational therapy as well as surgery To show that a doctor is negligent the legal team has to prove that they failed to meet the standards of medical care They must also prove that the failure was the sole and primary cause of the birth injury In many cases doctors mistakenly push too hard on the shoulder or neck of an infant in order to guide them through the birth canal This can cause stretching of the nerves of the neck of the baby causing a stroke affecting the head on one or both sides of their head It is also typical for a doctor to incorrectly use a vacuum extractor or forceps during labor to force a child through the birth canal which could cause nerve damage Statute of Limitations Parents whose child suffers from erbs syndrome may be entitled to compensation There is a deadline known as the statutes of limitations that limits the length of time that a family can take legal action Generally speaking the statute of limitations is set at the age of 18 Parents who believe that their childs erbs paralysis was caused by medical malpractice or negligence ought to consult an Erbs palsy lawyer as soon as possible to determine if they are entitled to file an action Erbs palsy is caused by damage to the brachialplexus nervous system in the neck and shoulder The injury is usually caused when the babys head is trapped under the pelvic bones during the labor or delivery The condition is known as shoulder dystocia When medical professionals attempt to free a child who is stuck and head they can overreach their necks and shoulders and end up damaging the nerves of the arm A midwife or doctor must be able to anticipate problems like shoulder dystocia and understand how to safely deliver a baby without harming it If they violate this obligation by pulling too heavily on the neck or the shoulders it could be considered medical malpractice Fortunately those suffering from medical malpractice can claim compensation to pay for their childs medical bills and ongoing medical care Filing a Lawsuit A lawyer can help a child who develops erbs palsy as a result medical negligence during birth file a lawsuit The lawyer will sue the doctor or other medical personnel who caused the injury Parents can seek financial compensation for medical expenses as well as therapy assistive devices and lost wages through lawsuits They can also assist families achieve a sense of justice and closure A free consultation with a lawyer experienced is the first step in the legal process If the lawyer believes the case is valid the lawyer will issue a demand letter to the defendants The demand letter should contain the facts of the case as well a request for financial compensation During the discovery stage the legal team will collect evidence and speak with witnesses to build a solid case They will also present a report to the court The legal team of the defendants will then review and respond to the claim In a perfect scenario the parties would agree to an agreement that is satisfactory for both sides However there are cases that do not reach an agreement and a lot of cases will go to trial During a court trial a judge and jury will examine both sides arguments in order to determine who wins If the plaintiff wins the case they will receive an amount If the plaintiff loses he or is not eligible for compensation whatsoever