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Erb's Palsy Legal Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical costs and therapy costs. This type of personal injury claim can aid parents in paying for their child's care. The complication of a medical error during childbirth can cause abrasions and other injuries to the brachial plexus nerves. Often doctors need to apply force during delivery but if they apply excessive force or fail to gauge the amount of pressure they apply, it can cause an injury. Medical Malpractice A medical malpractice claim is the result of the failure of a healthcare professional to meet their standard of care under a specific set of circumstances. This can include improper care during pregnancy, failure to recognize a problem with pregnancy (such as fetal macrosomia) or failure to perform C-sections when needed. Erb's palsy is caused by an illness that affects the brachial nerve system that controls movement and sensations in the arm, shoulder, and hand. It is often caused by an injury or a pull that causes tears or stretching of the nerves. In many cases, the injuries that cause Erb's Palsy can be prevented. But, it's a very common birth injury that many parents don't expect. During the delivery process parents have a million things running through their minds and it's difficult to notice signs of a mistake that could lead to a serious medical error. A seasoned lawyer for erb's palsy can help parents determine if their child's condition was caused by medical negligence. If this is the situation, a lawsuit could be filed to seek financial compensation to pay for medical treatments and assistive equipment. Although money cannot erase the effects of a birth injury it can provide the financial support that a child requires to live a fulfilling life. The majority of lawsuits involving erb's syphilis settle before trial, so it is essential to act fast. Birth Injury Living with erb's syndrome can be financially and emotionally draining. A settlement with Erb's syndrome can help families pay for therapies, treatments and assistive devices. The brachialplexus is a collection of nerves in the arm of your child that provide sensory and coordinated movement to the arms and hands. The nerves in this network can be damaged by pulling too hard during birth or by using instruments. Medical malpractice is the term used when injuries to the brachialplexus occur through the negligence or inattention of a nurse, doctor, or hospital staff. Parents who win their case may be awarded compensation for medical bills and physical therapy, occupational therapy and even surgery. In erb's palsy lawsuit somerville to prove that the doctor was negligent the legal team has to prove that they failed to meet the standards of care. They must also demonstrate that the error was the main and primary reason for the birth injury. In many cases, doctors will pull on the infant's shoulder or neck when they are trying to get them into the birth canal. This could stretch the neck nerves of the infant and result in a stroke one or both sides. It is also typical for a physician to improperly use a vacuum extractor or forceps in the event of a difficult birth to push a baby through the birth canal, which could cause nerve damage. Statute of Limitations Parents with children with erb's syndrome may be entitled to compensation. However, there is a strict timeframe known as the statute of limitations that restricts the time families have to pursue legal action. Generally speaking, the statute of limitations is set on the 18th birthday of an individual. If you suspect that medical malpractice or negligence caused your child's Erb's palsy it is essential to consult with an Erb's & Palsy lawyer immediately to determine whether you have the right to pursue a lawsuit. Erb's Palsy is caused due to damage to the brachial-plexus nerve network in the neck of the baby and shoulder. Often, this injury occurs when the head of a child gets stuck under the pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals attempt to free a stuck infant, they can force too much pressure on the shoulders and the neck, which damages the nerves that run through the arm. A doctor or midwife should be able to anticipate issues such as shoulder dystocia and know how to safely deliver the baby without causing an injury. If they fail to meet this requirement by pulling too heavily on the neck or the shoulders and neck, it could be deemed medical malpractice. Fortunately, the victims of medical malpractice are able to seek compensation to pay for the medical bills of their child as well as ongoing care. Filing an action If a baby develops erb's palsy due to medical negligence during delivery an attorney could help him or her file an action against the medical professional and other medical professionals responsible for their injury. Parents may be able to receive financial compensation for medical bills therapy, assistive devices, and lost wages through lawsuits. They can also provide families with the feeling of justice and closure. A free consultation with a lawyer who has experience is the first step in the legal process. If the attorney feels that the case is legal, they will send an official demand letter to defendants. The demand letter will include the facts of the case along with a request for compensation. During the discovery stage in the discovery phase, the legal team will gather evidence and talk with witnesses to construct an evidence-based case. They will also present an account to the court. The legal team of the defendants will look over and respond to the claim. In a perfect world, the parties would come to a settlement which satisfied both parties. However, not all cases are resolved and a lot go to trial. During a court trial, a judge and jury will examine both sides' arguments in order to decide who will win. If the plaintiff is successful, he or she will be paid a sum and the case will be closed. If the plaintiff loses, he / she will not receive any compensation at all.