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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 expenses and therapy costs. This kind of personal injury claim can assist parents in paying the medical bills for their child. Birth defects that are not properly addressed during the childbirth process can lead to abrasions and other injuries to the brachial plexus nerves. Doctors often require force during delivery. However when they apply excessive pressure or don't know the amount of pressure required it could result in an injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional's breach of their standards of care in a specific set of circumstances. This may include care that was not provided during pregnancy, the inability to recognize any pregnancy-related issues (such as fetal macrosomia), or failures to perform C-sections if needed. Erb's palsy is caused by an illness that affects the brachial nerve, which controls movement and sensations in the shoulder, arm, and hand. It is often caused by a painful stretch or pull that tears or stretches the nerves. In many cases, the injuries that cause erb's Palsy can be prevented. This is an uncommon birth injury which parents aren't aware of. During the delivery process, a parent has a million things running through their heads and it's quite difficult to notice signs of an error that could cause a serious medical mistake. An experienced lawyer who specializes in erb's paralysis can assist parents in determining whether their child's condition is due to medical negligence. If it is 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 however, it can give a child the financial assistance they require to live a fulfilled life. The majority of cases involving erb's syndrome end up being settled before going to trial, therefore it is important to act fast. erb's palsy lawyer missouri and financial burden of living with erb’s palsy is considerable. A settlement with Erb's syndrome can help families cover therapies, treatments and assistive devices. The brachial plexus is a group of nerves located in your child's arm that provide sensation and coordinated movement to the arms and hands. The nerves in this network can be damaged if you pull too hard during delivery or by using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused by the negligence of a doctor or hospital staff. Parents who prevail in their case will receive compensation for medical bills as well as occupational therapy, physical therapy therapy, and surgery. In order to prove that the doctor was negligent the legal team has to demonstrate that they did not meet the standard of care. They must also demonstrate that the failure was a direct and proximate reason for the infant's birth injury. In many cases doctors will pull on the neck or shoulder of the infant 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 during labor to force a baby through the birth canal, which could cause nerve damage. Statute of limitations Parents of children with erb's syndrome may be eligible for compensation. However there is a strict deadline called the statute of limitations that limit the time families have to file legal actions. Generally, the statute of limitations is set on an individual's 18th birthday. If you believe that negligence or medical malpractice caused your child's Erb's-Pallsy It is crucial to consult with an Erb's & Palsy lawyer right away to determine whether you have the right to sue. Erb's palsy is a condition that is caused by damage to the network of nerves in a baby's shoulder and neck, which is known as the brachial plexus. This type of injury usually occurs when the child's head gets stuck between the pelvic bones during labor or birth. This condition is known as shoulder dystocia. When medical professionals attempt to remove a child who is stuck and head, they can pull too hard on their necks and shoulders and cause damage to the nerves of the arm. A doctor or midwife should be able anticipate complications such as shoulder dystocia, as well as know how to safely give birth without injury to it. If they violate this duty by pulling on the neck or shoulders too much and causing pain, it could be regarded as malpractice. Medical malpractice victims can receive compensation for ongoing medical care and medical bills. Filing a Lawsuit If a baby develops erb's palsy due to negligent medical care during the delivery, an attorney could help the baby file an action against the medical doctor and other medical care providers accountable for his or her injury. The law suits can help parents obtain financial compensation that covers costs for therapy, medical bills, assistive devices, and lost wages. They can also assist families feel a sense of justice and closure. A no-cost consultation with a lawyer who has experience is the first step in the legal process. If the attorney believes a case has merit then they will submit a demand to the defendants. The demand letter will contain the details of the case and an offer for compensation. During the discovery stage in the discovery phase, the legal team will collect evidence and talk with witnesses to construct a strong case. They will also present a report to the court. The legal team of the defendants will then look over and respond to the claim. Ideally, parties will come to an agreement that is acceptable to both sides. Not all cases are settled and many go to trial. In a court trial the jury and a judge will examine both sides' arguments to decide who will win. If the plaintiff wins the case and is awarded an amount. If the plaintiff loses, he / will not receive any payment at all.