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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 kind of personal injury claim can assist parents in paying their childs medical bills Medical mistakes during child birth could cause abrasions as well as other injuries to the brachial plexus nerves Doctors are often required to apply force during birth However when they apply too much pressure or do not know the amount of pressure needed it can lead to an injury Medical Malpractice A medical malpractice claim centers on a healthcare professionals breaching their standards of care in an aforementioned set of circumstances This could include inadequate prenatal care the inability to detect a pregnancy problem such as fetal macrosomia or failure to perform a Csection if it is required Erbs spalsy is caused by an illness that affects the brachial nerve which controls the sensations and movement of the shoulder arm and hand It is often caused by a traumatizing stretch or pull which tears or stretch the nerves In many cases injuries that cause erbs paralysis can be prevented However it is a very common birth injury that parents arent prepared for During the delivery process the parent is juggling many thoughts running through their mind and its quite difficult to notice signs of a mistake which could result in an injury that is serious to the medical system An experienced lawyer for erbs syndrome can assist parents in determining whether their childs condition is due to medical negligence If it is there is a possibility of a lawsuit being filed to obtain money that can be used toward medical treatments and assistive devices While money wont completely erase the effects of a birth injury it can provide the financial help needed by a child to live a fulfilling life Most erbs palsy lawsuits are settled before trial which is why it is crucial to act quickly Birth Injury The experience of living with erbs palsy could be emotionally and financially draining A settlement for Erbs palsy will help families cover therapy treatment and assistive devices The brachialplexus is the nerves that run through your childs arm It provides sensation and coordinated movements to their hands and arms This network of nerves can be damaged if you pull too hard during delivery or by using instruments Injuries to the brachial nerve are considered medical malpractice if they are caused due to the negligence of a doctor or hospital staff Parents who prevail in their case can be awarded compensation for medical expenses and physical therapy occupational therapy as well as surgery In order to prove that a doctor was negligent the legal team has to demonstrate that they did not meet the standard of care They must also prove that the failure was the direct and proximate reason for the birth injury In a majority of cases doctors will push too hard on the neck or shoulder of a newborn in order to guide them through the birth canal This can stretch the neck nerves of the infant and cause a stroke on either or both sides It is also typical for a doctor to incorrectly utilize a vacuum extractor or forceps during a difficult birth to force a baby into the birth canal which can cause nerve damage Statute of Limitations Parents of children with erbs paralysis may be entitled to compensation There is a deadline known as the statutes of limitations which limits how long a family may take legal action Generally the statute of limitations starts when an individual turns 18 If you suspect that medical malpractice or negligence caused your childs Erbs Palsy it is imperative to speak with an Erbs Palsy lawyer right away to determine whether you are entitled to sue Erbs palsy is a complication which is caused by damage to the network of nerves in a babys shoulder and neck known as the brachial plexus Often this injury occurs when a babys head is stuck underneath the mothers pelvic bone during the birth or labor which is known as shoulder dystocia When medical professionals attempt to free a baby stuck and head they can pull too hard on their necks and shoulders causing damage to nerves in the arm A doctor or midwife should be able to spot potential issues like shoulder dystocia and be able to safely deliver the baby without causing an injury If they fail to fulfill this responsibility by pulling too excessively on the neck or the shoulders it could be considered medical malpractice The victims of medical malpractice can receive compensation for their childs ongoing care and medical bills Filing an action An attorney can aid the child who is diagnosed with erbs palsy because of medical negligence in the birth process file a lawsuit The lawyer will then pursue the doctor or other medical providers who caused the injury Lawsuits can help parents get financial compensation that covers costs for therapy medical bills as well as assistive devices and lost wages erbs palsy lawsuit plano can also assist families feel a sense of justice and closure The legal process for a lawsuit begins with a complimentary consultation with a seasoned lawyer If the lawyer feels the case is valid and enforceable they will send a demand letter to the defendants The demand letter will outline the facts of the case and an offer for compensation During the discovery stage the legal team will collect evidence and talk to witnesses to build a solid case The team will also submit an official court report The legal team of the defendants will then review and respond to the claim Ideally parties can reach an agreement that is satisfactory for both sides There are cases that are not always settled and many go to trial In a court trial the jury and a judge will hear both sides arguments to determine who wins If the plaintiff is successful he or she will receive a payment and the lawsuit will be concluded If the plaintiff loses then the plaintiff will not receive any money