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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to seek compensation for medical bills and therapy costs. This kind of personal injury claim can assist parents in paying their child's medical bills. Medical mistakes during child birth can result in abrasions or other injuries to the brachial plexus nerves. Doctors frequently require force during delivery. However should they apply too much pressure or misjudge the amount of pressure needed it could result in an injury. Medical Malpractice A medical malpractice claim is the result of a healthcare professional's failure to perform their standard of treatment in a specific set of circumstances. This could include inadequate care during pregnancy, the inability to recognize a problem with pregnancy (such as fetal macrosomia) or failure to perform C-sections if needed. Erb's spalsy is caused by an issue with the brachial nerve network that regulates the movement and sensations of the shoulder, arm, and hand. It is often caused by a severe pull or stretch which tears or stretch the nerves. In many cases, injuries that cause erb's palsy can be prevented. It is an uncommon birth injury which parents aren't aware of. During the birth process parents have a million things running through their minds and it's quite easy to overlook signs of a mistake that could result in a serious medical error. An experienced erb's palsy lawyer can assist parents in determining the cause of their child's illness caused by medical negligence. If so there is a possibility of a lawsuit being brought to recover financial compensation that can go towards medical treatments and assistive devices. Although money cannot completely erase the effects of a birth injury, it can provide the financial support the child needs to live a full life. Most erb’s palsy cases settle before trial, therefore it is imperative to act fast. Birth Injury The financial and emotional strain of living with erb's palsy is considerable. An Erb's-Palsy settlement could help families pay for treatment, therapy, and assistive devices. The brachialplexus is a collection of nerves located in your child's arm which provide sensation and coordinated movement to hands and arms. Forceful pulling during labor and delivery or the use of instruments may cause damage to this nerve network and cause Erb's palsy. Brachial plexus injuries are considered medical malpractice if they were caused due to the negligence of a medical professional or hospital staff. erb's palsy law firm santa ana who win their case may get compensation for medical expenses as well as occupational therapy, physical therapy therapy as well as surgery. To prove that a doctor was negligent the legal team has to prove that they failed to meet the standards of care. They must also demonstrate that the negligence was the main and primary cause of the birth injury. In many instances doctors make the mistake of pull too hard on an infant's neck or shoulder when trying to guide them through the birth canal. This could stretch the nerves in the neck of the baby, causing a stroke, affecting the head on one or both sides of their head. If the birth experience is difficult it is common for the doctor to employ forceps or a vacuum extractor to force the infant through the birth canal. This could cause nerve damage. Statute of limitations Parents whose child suffers from Erb's palsy could be eligible for compensation. There is a deadline, called the statutes of limitations, which limits how long a family can engage in legal action. The statute of limitations generally starts at the age of 18 of an individual. Parents who believe that their child's erb's syndrome was the result of medical malpractice or negligence ought to consult an attorney for the Erb's syndrome promptly to determine if they have the right to file an action. Erb's Palsy is a condition that results from damage to the nerve system in the baby's shoulder and neck, known as the brachial plexus. This injury is often caused by the child's head getting trapped under the pelvic bones during labor or birth. This condition is known as shoulder dystocia. When medical professionals attempt to free a stuck baby in the process, they might forcefully pull on their necks and shoulders and cause damage to the nerves of 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 fail to fulfill this obligation by pulling on the shoulders or neck excessively this could be construed as negligent. Medical malpractice victims may be eligible for compensation for their child's ongoing treatment and medical expenses. Filing a Lawsuit An attorney can help those who have children with erb's palsy as a result of medical negligence during birth file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical caregivers that caused the injury. Parents can get financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also assist families feel a sense of justice and closure. The legal process for filing a lawsuit begins with a no-cost consultation with a knowledgeable lawyer. If the attorney believes a case has merit then they will issue a demand note to the defendants. The demand letter will include the details of the case and an offer for compensation. In the discovery phase, the legal team will collect evidence and talk to witnesses to establish a solid case. The team will then submit an official court report. The defendants' legal team will then review the claim and then respond with their own. In a perfect scenario, the parties would reach an agreement that is satisfactory for both parties. However there are cases that do not reach an agreement and a lot of cases end up going to trial. In a court trial the jury and a judge will listen to both sides' arguments in order to determine who wins. If the plaintiff wins, he will receive a payout and the case will come to a close. If the plaintiff loses then the plaintiff won't be able to receive any compensation.