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Erb's Palsy Legal Erb's palsy legal involves the filing of an insurance claim or lawsuit to claim reimbursement for medical bills and therapy costs. This type of personal injuries claim will help parents pay for their child's medical expenses. Medical mistakes during child birth can result in abrasions or other injuries to the brachial plexus nerves. Often doctors need to apply pressure during the delivery however if they apply too much or underestimate the amount of pressure, it could result in injury. Medical Malpractice A medical malpractice claim is the result of a healthcare professional's failure to adhere to their standard of care under a specific set of circumstances. This could be due to improper care during pregnancy, inability to detect an issue with pregnancy (such as fetal macrosomia) or failure to perform C-sections when needed. Erb's Palsy is a condition that affects the brachial nerves that control movement and sensation in the shoulder, arm and hand. It is usually caused by a traumatizing pull or stretch that stretches or tears the nerves. In many cases, injuries that cause Erb's palsy can be avoided. However, this is a very common birth injury that parents don't expect. In the process of birth the parent is juggling several things going through their mind and it's quite easy to miss signs of a mistake that could cause an injury that is serious to the medical system. An experienced lawyer for erb's syndrome can help parents determine if their child's condition was due to medical negligence. If so there is a possibility of a lawsuit being filed to obtain financial compensation that can go towards medical treatments and assistive devices. The money won't reverse the effects of birth injuries however, it can give a child the financial support they need to live a fulfilled life. The majority of cases involving erb's syphilis settle before trial, therefore it is imperative to act fast. Birth Injury Living with erb's syndrome can be emotionally and financially draining. A settlement with Erb's syndrome can help families cover therapies, treatments and assistive devices. The brachialplexus is the nerve system that runs through the arm of your child. It gives sensation and coordinated movements to their arms and hands. The nerves' network can be damaged if you pull too hard during birth or by using instruments. Medical malpractice can be considered if injuries to the brachialplexus result through the negligence or inattention of a nurse, doctor or hospital personnel. In the event of a successful case, parents can receive compensation that covers medical bills, physical and occupational therapy, as well as surgery. To prove that a doctor was negligent the legal team must prove that they failed to meet the standard of care. They must also show that the negligence was a direct, proximate reason for the infant's birth injury. In a majority of cases doctors mistakenly over-stretch the shoulder or neck of an infant when trying to guide them through the birth canal. This could stretch the neck nerves of the baby and cause a stroke on one or both sides. During a difficult delivery it is common for a doctor to utilize forceps or an extractor to push the child through the birth canal. This can cause nerve damage. Statute of Limitations Parents of children with erb's palsy may be eligible for compensation. However, there is a strict deadline called the statute of limitations that limit the time families have to take legal action. The statute of limitations usually begins on the 18th birthday of an individual. Parents who believe their child's erb's paralysis was caused by medical malpractice or negligence should consult an attorney for Erb's Palsy as soon as they can to determine if they have the right to file an action. Erb's syndrome is a condition which is caused by damage to the nerve network in the baby's shoulder and neck, known as the brachial plexus. Most often, this injury occurs when a child's head gets trapped beneath the pelvic bone during labor or delivery or delivery, a condition known as shoulder dystocia. When medical professionals attempt to free a baby stuck, they may over-reach their shoulders and neck and end up damaging the nerves of the arm. A midwife or doctor should be able of recognizing potential issues such as shoulder dystocia and be able to safely deliver the baby without causing an injury. If they breach this duty by pulling on the neck or shoulders excessively, it could be considered malpractice. The victims of medical malpractice can receive compensation for their child's ongoing care and medical expenses. Filing an action If a baby develops erb's syndrome due to medical negligence during delivery, an attorney could aid the child in filing lawsuits against the medical professional and other medical professionals responsible 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 find a sense justice and closure. A free consultation with a lawyer with experience is the first step in the legal process. If the lawyer feels the case is valid the lawyer will issue an official demand letter to defendants. The demand letter will contain the details of the case as well as an appeal for compensation. During the discovery phase, the legal team will gather evidence and talk to witnesses to create a convincing case. The team will also file an official court report. The legal team of the defendants will analyze and respond to the claim. In a perfect scenario, the parties would come to an agreement that is satisfactory for both parties. There are erb's palsy law firm deltona that are not always resolved and a lot go to trial. In a court trial the jury and a judge will hear both sides' arguments to decide who will win. If the plaintiff wins the case, they will receive a payout. If the plaintiff loses, he or she won't receive any compensation.