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Erbs Palsy Legal Legal action for Erbs psy involves filing an insurance claim or a lawsuit to recover medical expenses and therapy costs This kind of personal injury claim can aid parents in paying for their childs care Birthrelated medical errors can cause abrasions or other injuries to the brachialplexuss nerves Doctors often need to use pressure during the birth However should they apply too much pressure or fail to recognize the amount of pressure needed it could result in an injury Medical Malpractice A medical malpractice claim is caused by medical professionals failure to adhere to their standard of care under a specific set of circumstances This can include improper prenatal care an inability to detect a pregnancy problem such as fetal macrosomia or failing to perform a Csection when required Erbs Palsy is a condition that affects the brachial plexus nerve system that controls movement and sensation in the arm shoulder and hand It usually occurs as a result of traumatizing pull or stretch which tears or strains the nerves In many instances injuries that cause Erbs Palsy can be avoided However erbs palsy attorneys santa barbara is a common type of birth injury that a lot of parents arent prepared for During the birthing process parents are distracted by a variety of things and its easy to overlook warning indicators that could lead serious medical mistakes An experienced erbs palsy lawyer can help parents determine if their childs condition was caused by medical negligence If so the lawsuit could be filed to seek the financial compensation needed to go towards medical treatments and assistive devices While money cant erase the effects of birth injuries it can provide the financial assistance needed by a child to live a full life The majority of cases involving erbs palsy settle before trial therefore you should act quickly Birth Injury Living with erbs palsy can be financially and emotionally draining An Erbs Palsy settlement may aid families in paying for treatment therapy and assistive devices The brachial plexus is a set of nerves located in your childs arm that provide sensation and coordinated movement to hands and arms The nerves in this network can be damaged by pulling too hard during birth or using instruments Injuries to the brachial nerve are considered medical malpractice if they are caused due to the negligence of a hospital or doctor Parents who win their case can get compensation for medical expenses as well as occupational therapy physical therapy therapy and even surgery In order to prove that the doctor was negligent the legal team must prove that they failed to meet the standards of care They must also prove that the failure was a direct and significant reason for the infants birth injury In many cases doctors will overstretch the neck or shoulder of a newborn in order to guide them through the birth canal This action can stretch the nerves of the babys neck and cause a stroke affecting one or both sides of their head It is also common for a doctor not to properly utilize a vacuum extractor or forceps in the event of a difficult birth to force a baby through the birth canal which can cause nerve damage Statute of Limitations Parents with children with erbs syndrome may be entitled to compensation There is a deadline called the statutes of limitations that restricts the length of time that a family can take legal action Generally the statute of limitations begins on the 18th birthday of an individual If you suspect that negligence or medical malpractice caused your childs Erbs palsy it is imperative to speak with an Erbs Palsy lawyer immediately to determine if you have the right to pursue a lawsuit Erbs syndrome is a condition which is caused by damage to the nerve system in a babys shoulder and neck which is known as the brachial plexus This injury is often caused when a childs head becomes stuck beneath the pelvic bones during labor or delivery This condition is called shoulder dystocia When medical professionals attempt to remove a child who is stuck in the process they might pull too hard on their necks and shoulders damaging the nerves of the arm A midwife or doctor should be able of recognizing potential problems such as shoulder dystocia and know how to safely deliver the baby without causing injury If they violate this duty by putting pressure on the neck or shoulders too much this could be construed as negligent Fortunately the victims of medical malpractice can claim compensation to pay for the medical bills of their child and ongoing care Filing a Lawsuit If a baby is diagnosed with erbs palsy due to negligent medical care during the delivery An attorney can help the baby file a lawsuit against the medical professional and other medical professionals accountable for his or her injury Lawsuits can help parents get financial compensation that covers expenses for therapy medical bills as well as assistive devices and lost wages They can also assist families feel a sense of justice and closure A free consultation with a lawyer with experience is the first step in the legal process If the lawyer is convinced that the case is meritorious and merits a lawsuit they will submit a demand to the defendants The demand letter will include the facts of the case along with an offer for compensation During the discovery phase the legal team will gather evidence and interview witnesses to build a solid case They will also submit an account to the court The legal team of the defendants will analyze and respond to the claim In a perfect world the parties would agree to a settlement which satisfied both sides However there are cases that do not reach an agreement and some will go to trial In a trial a judge and jury will hear the arguments of both sides to determine a winner If the plaintiff wins the case and is awarded a payment If the plaintiff loses then he or she wont receive any money