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Erb's Palsy Legal Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to obtain compensation for medical bills as well as therapy expenses. This type of personal injuries claim could help parents pay their child's 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 pressure during the delivery. However when they apply excessive pressure or don't know the amount of pressure needed it could result in an injury. Medical Malpractice Medical malpractice claims focus on a healthcare professional's breaching their standard of care during a specific set of circumstances. This can include improper prenatal care, inability to recognize a pregnancy-related issue (such as fetal macrosomia) or inability to perform a C-section if needed. Erb's palsy is a condition that affects the brachial plexus nerve system that controls movement and sensation in the shoulder, arm, and hand. It usually occurs as a result of traumatizing pull or stretch which tears or strains the nerves. In many cases, injuries that cause erb's Palsy are preventable. It is an uncommon birth injury that most parents are not aware of. During the birthing process, parents are distracted by many things and it's easy to ignore warning indications that could lead to serious medical mistakes. An experienced erb's Palsy attorney can assist parents in determining whether their child's condition is a result of medical negligence. If this is the case, a lawsuit can be filed to seek financial compensation to cover medical treatments and assistive devices. While money won't completely erase the effects of birth injuries, it can provide the financial support the child needs to live a full and healthy life. Most erb’s palsy cases settle before trial, so you must act quickly. Birth Injury The emotional and financial burden of living with erb’s palsy is significant. An Erb's palsy settlement can assist families with therapy, treatment and assistive devices. The brachialplexus is the nerve system that runs through your child's arm. It gives sensation and coordinated movements to their arms and hands. Forceful pulling during labor or delivery or the use of instruments can damage this network of nerves and cause Erb's palsy. Injuries to the brachial nerve are considered medical malpractice if they were caused due to the negligence of a hospital or doctor. Parents who prevail in their case could get compensation for medical expenses such as physical therapy, occupational therapy, and surgery. To show that a doctor is negligent the legal team will need to demonstrate that they didn't meet the standards of medical care. They must also demonstrate that the failure was the main and primary reason for the birth injury. In a lot of cases doctors will pull on the infant's neck or shoulder when they are trying to get them into the birth canal. This can cause strain on the neck nerves of the baby and cause a stroke to one or both sides. When a birth is difficult it is normal for the doctor to make use of forceps or a vacuum extractor to push the child through the birth canal. This could cause nerve damage. Statute of Limitations Parents who have a child who has erb's parisis may be entitled to compensation. However there is a specific timeframe known as the statute of limitations, which limits the time families are required to file legal actions. Generally speaking, the statute of limitations begins at the age of 18. Parents who believe that their child's erb's syndrome was the result of medical malpractice or negligence ought to consult an attorney who specializes in Erb's palsy as soon as possible to determine if they have the right to file a lawsuit. Erb's Palsy is caused due to damage to the brachial-plexus nerve network located in the neck and shoulder. The injury is usually caused when the baby's head is stuck between the pelvic bones during labor or the delivery. This condition is called shoulder dystocia. When medical professionals attempt to remove a stuck baby and head, they can push too hard on their necks and shoulders and cause damage to the nerves of the arm. A midwife or doctor should be able to anticipate any complications, such as shoulder dystocia and know how to safely deliver a baby without causing injury to it. If they breach this duty by putting pressure on the neck or shoulders too hard this could be construed as negligent. Fortunately, victims of medical malpractice can seek compensation to cover the medical bills of their child and ongoing medical care. Filing a Lawsuit If a baby develops erb's syndrome due to medical negligence during birth, an attorney may help the baby file lawsuits against the medical doctor and other medical care providers accountable for the injury. Lawsuits can help parents get financial compensation that covers expenses for therapy, medical bills, assistive devices, and lost wages. They can also help families feel a sense of justice and closure. The legal procedure for a lawsuit begins with a no-cost consultation with a knowledgeable lawyer. If the lawyer believes a case has merit then they will submit a demand to the defendants. The demand letter will outline the facts of the case as well a request for financial compensation. During erb's palsy attorneys buffalo will collect evidence and speak with witnesses to create a convincing case. They will also submit an account to the court. The defendants' legal team will then review the claim and make a response of their own. Ideally, parties can reach an agreement that is satisfactory for both parties. However there are cases that do not reach an agreement, and some end up going to trial. In a court trial the jury and a judge will examine both sides' arguments in order to decide who will win. If the plaintiff is successful, he or she will be awarded a prize and the lawsuit will end. If the plaintiff loses, he or will not receive any payment at all.