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Erbs Palsy Legal Erbs palsy legal involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills as well as therapy costs erbs palsy attorneys fort myers of personal injury claim will help parents pay for the medical bills of their child Medical mistakes during child birth can result in abrasions or other injuries to the brachial plexus nerves Doctors often require force during birth However when they apply excessive pressure or dont know the amount of pressure needed this could cause an injury Medical Malpractice A medical malpractice claim is based on a healthcare professional who violated their standard of care during the context of a particular set of circumstances This could be due to improper care during pregnancy the inability to recognize a problem with pregnancy such as fetal macrosomia or failures to perform Csections as required Erbs syndrome is a condition that affects the brachial plexus nerves that regulate movement and sensation in the arm shoulder and hand It is often caused by traumatizing pull or stretch that stretches or tears the nerves In many cases injuries that cause Erbs palsy can be prevented But its a very common birth injury that a lot of parents dont expect In the process of birth the parent is juggling numerous thoughts going through their heads and its easy to overlook signs of an error that could cause an injury that is serious to the medical system An experienced erbs palsy attorney can assist parents in determining whether the childs illness is the result of medical negligence If so it is possible to file a lawsuit filed to recover money that can be used towards medical treatments or assistive devices While money cant erase the effects of birth injuries it can provide the financial assistance the child needs to live a full life The majority of lawsuits involving erbs syphilis end up being settled before going to trial which is why it is imperative to act quickly Birth Injury The experience of living with erbs palsy could be emotionally and financially draining An Erbs Palsy settlement may aid families in paying for therapy treatment and assistive devices The brachialplexus comprises a network of nerves in the arm of your child which provide sensation and coordinated movement to the arms and hands A forceful pull during labor and delivery or the use of instruments could harm this nerve system and cause Erbs paralysis Injuries to the brachial plexus are considered medical malpractice if they are caused by the negligence of medical professional or hospital staff Parents who prevail in their case will get compensation for medical expenses physical therapy occupational therapy and surgery In order to prove that the doctor was negligent the legal team has to show that they failed to meet the standard of care They must also show that this failure was a direct and proximate cause of the infants injury In a lot of cases a doctor will mistakenly push too hard on the babys neck or shoulder in order to guide them through the birth canal This can cause stretching of the nerves of the neck of the baby causing strokes which can affect either or both sides their head It is also common for a doctor to inadvertently use a vacuum extractor or forceps during a difficult birth to push a baby through the birth canal which could cause nerve damage Statute of Limitations Parents of children who suffers from erbs paralysis could be entitled to compensation There is a deadline known as the statutes limitations that restricts how long a family can pursue legal action The statute of limitation generally commences at the age of 18 of an individual Parents who believe their childs erbs paralysis was caused by medical negligence or negligence should consult an Erbs palsy lawyer as soon as they can to determine if they have the right to bring an action Erbs syndrome is a condition that is caused by damage to the network of nerves in a babys shoulder and neck also known as the brachial plexus Most often this injury occurs when a babys head is stuck under the pelvic bone during labor or delivery and is referred to as shoulder dystocia When medical professionals attempt to free a child who is stuck or a child they could push too hard on their shoulders and neck and end up damaging the nerves of the arm A doctor or midwife must be able to anticipate any complications such as shoulder dystocia as well as know how to safely deliver a baby without causing injury to it If they violate this requirement by pulling on the neck or shoulders too hard or bending the neck too much it could be considered negligence Medical malpractice victims can receive compensation for the ongoing care of their child and medical expenses Filing an action An attorney can help those children who suffer from erbs palsy due to medical negligence in the birth process file a lawsuit The lawyer will then bring a lawsuit against the doctor or other medical professionals who caused the injury Lawsuits can help parents get financial compensation for the cost of therapy medical bills assistive devices and lost wages They can also help families feel a sense of justice and closure A nocost consultation with a seasoned lawyer is the first step in the legal process If the lawyer believes that the case is meritorious then they will file a demand letter with the defendants The demand letter will outline the facts of the case as well an offer for compensation in the form of money During the discovery stage the legal team will gather evidence and speak to witnesses in order to build a strong case The team will then submit the court report The legal team of the defendants will then examine the claim and respond with their own Ideally parties will come to a settlement that satisfies both sides Not all cases are settled and many go to trial In a trial a jury and judge will hear the arguments of both sides to decide on a winner If the plaintiff wins the case they will be awarded an amount If the plaintiff loses the plaintiff will not receive any money