Erb's Palsy Legal
Legally, Erb's Palsy is the filing of an insurance claim or lawsuit to claim compensation for medical bills and therapy costs. This kind of personal injury claim can aid parents in paying for the treatment of their child.
Medical mistakes during child birth can lead to abrasions and other injuries to the brachial plexus nerves. Doctors often need to use force during birth. However when erb's palsy attorneys lincoln apply too much pressure or do not know the amount of pressure needed it could result in an injury.
Medical Malpractice
A medical malpractice claim is based on medical professionals' failure to perform their standard of care under a specific set of circumstances. This could include inadequate care during pregnancy, failure to recognize an issue with pregnancy (such as fetal macrosomia) or failing to perform C-sections if needed.
Erb's palsy is caused by an illness that affects the brachial nerve network that regulates the movement and sensations of the shoulder, arm and hand. It usually occurs as a result of traumatizing pull or stretch that causes tears or stretching of the nerves.
In many cases, injuries that cause Erb's 'Palsy' can be avoided. This is an extremely common birth injury which parents aren't aware of. In the process of birth parents have several things going through their head and it's difficult to notice signs of an error that could result in an injury that is serious to the medical system.
An experienced lawyer who specializes in erb's paralysis can assist parents in determining whether their child's condition was caused by medical negligence. If so the lawsuit could be filed to seek money that can be used towards medical treatments and assistive devices. Money cannot undo the effects of birth injuries, but it can give a child the financial support they need to live a full and happy life. The majority of erb's palsy lawsuits end up being settled before trial, therefore it is imperative to act quickly.
Birth Injury
Living with erb's syndrome can be emotionally and financially draining. A settlement with Erb's syndrome will help families cover treatment, therapy and other devices. The brachial plexus is a group of nerves in the arm of your child that provide a sense of touch and coordinated movement to hands and arms. Instability during labor or delivery or the use or manipulation of instruments can damage this network of nerves and cause Erb's Palsy. Injuries to the brachial plexus are considered medical malpractice if they are caused by the negligence of hospital or medical professional.
Parents who win their case will receive compensation for medical bills as well as occupational therapy, physical therapy therapy as well as surgery. To prove that the doctor was negligent the legal team must prove that they failed to meet the standards of care. They must also prove that the failure was a direct and proximate reason for the infant's birth injury.
In a lot of cases, doctors will pull on the infant's neck or shoulder when trying to get them into the birth canal. This action can stretch the nerves of the neck of the baby and cause strokes, which can affect either or both sides their head. In the event of a difficult birth it is normal for a doctor to employ forceps or a vacuum extractor to push the child through the birth canal. This could cause nerve damage.
Statute of limitations
Parents of children with Erb's palsy could be qualified for compensation. There is a time limit known as the statutes limitations, which limits the time a family can take legal action.
The statute of limitations usually starts on the 18th birthday of an individual. If you suspect that negligence or medical malpractice caused your child's Erb's palsy, it is important to consult an Erb’s Palsy lawyer right away to determine whether you have the right to sue.
Erb's Palsy is caused due to damage to the brachial-plexus nerve network in the baby's neck and shoulder. This injury is often caused when a child's head becomes stuck beneath the pelvic bones during the labor or delivery. This condition is known as shoulder dystocia. When medical professionals attempt to remove the baby who is stuck and head, they can forcefully pull on their necks and shoulders, causing damage to nerves in the arm.
A doctor or midwife must be able anticipate complications such as shoulder dystocia, as well as know how to safely deliver a baby without injuring it. If they fail to fulfill this obligation by pulling on the shoulders or neck excessively or bending the neck too much, it could be considered negligence. Fortunately, the victims of medical malpractice are able to seek compensation to pay for the medical bills of their child and ongoing care.
Filing a Lawsuit
If a baby is diagnosed with erb's paralysis due to medical negligence during delivery, an attorney may help the baby file an action against the doctor and other medical caregivers responsible for his or her injury. Parents may be able to receive financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They can also give families an understanding of justice and closure.
The legal procedure for a lawsuit begins with a free consultation with a seasoned lawyer. If the lawyer believes the case is legal the lawyer will issue a demand letter to the defendants. The demand letter will outline the facts of the case and the request for monetary compensation.
During the discovery stage during the discovery phase, the legal team will collect evidence and speak with witnesses to create an argument that is strong. The team will also file a court document. The defendants' legal team will then look over the claim and then respond with their own.
Ideally, parties will come to an agreement that is acceptable to both sides. Not all cases are resolved and a lot go to trial. During a trial, the jury and judge will hear both sides' arguments to determine a winner. If the plaintiff wins, he or she will receive a payment and the case will be concluded. If the plaintiff loses, he or she won't receive any money.