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Erbs Palsy Legal Erbs legal issue involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy expenses This type of personal injury claim could help parents pay for the care of their child Birth defects that are not properly addressed during the childbirth process could cause abrasions as well as other injuries to the brachial plexus nerves Often doctors need to apply pressure during birth but if they apply too much pressure or do not accurately gauge the amount of pressure it could result in an injury Medical Malpractice A medical malpractice case focuses on a healthcare professional who violated their standard of care under a specific set of circumstances This could include inadequate prenatal care a failure to detect a pregnancy problem such as fetal macrosomia or inability to perform a Csection if it is required Erbs syndrome is a condition that affects the brachial plexus nerves that regulate movement and sensation in the arm shoulder and hand It typically occurs due to a traumatic pull or stretch that stretches or tears the nerves In many cases injuries that cause Erbs Palsy can be prevented But its an uncommon birth injury that a lot of parents dont anticipate During the delivery process there are several things going through their mind and its easy to miss the signs of a mistake which could result in an unintentional medical error An experienced lawyer for erbs syndrome can assist parents in determining whether their childs condition is due to medical negligence If it is a lawsuit may be filed to recover financial compensation that can go towards medical treatment and assistive devices Although money cannot erase the effects of a birth injury it can provide the financial assistance a child needs to live a full and healthy life The majority of erbs palsy lawsuits end up being settled before trial so its crucial to act quickly Birth Injury Living with erbs syndrome can be financially and emotionally draining Settlements for Erbs Palsy may help families pay for therapy treatment and assistive devices The brachialplexus comprises the group of nerves that runs along the arm of your child It gives sensation and coordinated movements to their arms and hands The nerves in this network can be damaged if you pull too hard during birth or using instruments Injuries to the brachial plexus are considered medical malpractice if they were caused by the negligence of a doctor or hospital staff Parents who prevail in their case will be awarded compensation for medical expenses and physical therapy occupational therapy and surgery To prove that the doctor was negligent the legal team must demonstrate that they did not meet the standards of care They must also prove that this failure was a direct and immediate reason for the infants birth injury In a majority of cases doctors will pull on the neck or shoulder of the infant in order to guide them into the birth canal This action can stretch the nerves of the neck of the baby causing strokes which can affect the head on one or both sides of their head It is also common for a doctor to incorrectly utilize a vacuum extractor or forceps during labor to force a child through the birth canal which could cause nerve damage Statute of limitations Parents with children with erbs syndrome may be entitled to compensation There is a time limit known as the statutes limitations which limits how long a family may take legal action Generally speaking the statute of limitation begins when an individual turns 18 Parents who believe their childs erbs palsy was the result of medical malpractice or negligence must consult an attorney for Erbs Palsy as soon as possible to determine if they have the right to file an action Erbs syndrome is a condition that results from damage to the nerve network in the shoulder and neck known as the brachial plexus This condition is typically caused when the babys head is stuck under the mothers pelvic bones during the labor or delivery The condition is known as shoulder dystocia When medical professionals attempt to remove the baby who is stuck and head they can pull too hard on their necks and shoulders causing damage to nerves in the arm A doctor or midwife must be able to recognize potential complications like shoulder dystocia and know how to safely deliver a baby without harming it If they violate this obligation by pulling too hard on the neck or shoulders or the shoulders it could be considered medical malpractice Fortunately those suffering from medical malpractice can claim compensation to cover their childs medical expenses and ongoing treatment Filing a Lawsuit If a baby develops erbs paralysis due to medical negligence during birth an attorney could help him or her file an action against the medical professional and other medical professionals accountable for his or her injury Parents can get financial compensation for medical bills therapy assistive devices and lost wages through lawsuits They can also assist families feel a sense of justice and closure The legal procedure for a lawsuit begins with a free consultation with a seasoned lawyer If the lawyer is convinced that the case is legal they will send an order letter to the defendants The demand letter will contain the details 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 evidencebased case erbs palsy law firm huntington beach will also submit a court report The defendants legal team will review the case and then respond with their own Ideally parties will reach an agreement that is acceptable to both parties Not all cases are settled and many go to trial During a trial the jury and judge will hear both sides arguments to determine who wins If the plaintiff succeeds the plaintiff will be awarded a prize and the case will end If the plaintiff loses he or will not receive any compensation whatsoever