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Erb's Palsy Legal Legal action for Erb's psy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This type of personal injuries claim can assist parents in paying their child's medical bills. The birth of a child can result in abrasions or other damage to the nerves of the brachialplexus. In many cases, doctors have to apply force during delivery, but if they use too much or underestimate the amount of pressure applied, it could result in an injury. Medical Malpractice A medical malpractice claim is based on medical professionals' failure to provide the required treatment in a specific set of circumstances. This can include improper care during pregnancy, inability to identify an issue with pregnancy (such as fetal macrosomia), or failures to perform C-sections if needed. Erb's Palsy is caused due to an illness that affects the brachial nerve system that controls movement and sensations in the arm, shoulder, and hand. It usually occurs as a result of a traumatic pull or stretch that stretches or tears the nerves. In a majority of cases, the injuries that cause erb's palsy are preventable. But, it's an extremely common birth injury that many parents don't expect. During the delivery process parents have several things going through their mind and it's very easy to miss signs of an error that could result in an injury that is serious to the medical system. An experienced attorney for erb's palsy can assist parents in determining if their child's condition is a result of medical negligence. If it is there is a possibility of a lawsuit being filed to obtain an amount of money to be used towards medical treatments and assistive devices. While money won't completely erase the effects of birth injuries, it could provide the financial aid a child needs to live a full life. The majority of cases involving erb's palsy settle before trial, so you should act quickly. Birth Injury The experience of living with erb's palsy could be emotionally and financially draining. A settlement for Erb's palsy will help families cover therapy, treatment and assistive devices. The brachialplexus comprises a network of nerves in the arm of your child which provide sensation and coordinated movement to hands and arms. The nerves in this network can be damaged if you pull too hard during delivery or using instruments. erb's palsy attorney manchester to the brachial plexus are considered medical malpractice if they are caused by the negligence of a medical professional or hospital staff. If a claim is successful parents can be awarded reimbursement for medical bills as well as occupational and physical therapy as well as surgery. In order to prove that the doctor was negligent the legal team has to prove that they did not meet the standards of care. They must also show that this failure was a direct and immediate cause of the infant's injury. In a majority of cases doctors pull on the neck or shoulder of the infant when trying to get them into 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. In the event of a difficult birth the norm is for the doctor to make use of forceps or a vacuum extractor to force the baby through the birth canal. This can result in nerve damage. Statute of limitations Parents of children with erb's paralysis may be entitled to compensation. There is a time limit, called the statutes of limitations, which limits the time a family can pursue legal action. The statute of limitations typically starts on the 18th birthday of an individual. If you believe that medical malpractice or negligence caused your child's erb's palsy it is imperative to consult an Erb’s Palsy lawyer right away to determine whether you have the right to sue. Erb's palsy is a complication that is caused by injury to the nerve network in the shoulder and neck, also known as the brachial plexus. Typically, this type of injury occurs when a child's head becomes stuck underneath the mother's pelvic bone during labor or delivery and is referred to as shoulder dystocia. When medical professionals attempt to free a stuck baby and head, they can pull too hard on their shoulders and neck and end up damaging the nerves of the arm. A doctor or midwife should be able to recognize potential complications such as shoulder dystocia, and understand how to safely deliver a baby without injuring it. If they violate this obligation by pulling too excessively on the neck or shoulders or the shoulders, it could be considered medical malpractice. The victims of medical malpractice can receive compensation for their child's ongoing treatment and medical expenses. Filing an action An attorney can help those who have children with erb's palsy as a result of medical negligence at birth, file a lawsuit. The lawyer will then bring a lawsuit against the doctor or other medical providers who caused the injury. Parents can seek financial compensation for medical bills and therapy, as well as assistive devices and lost wages through lawsuits. They also provide families with the feeling of justice and closure. A free consultation with a lawyer who has experience is the first step in the legal process. If the lawyer is convinced that the case is legitimate, they will send an order letter to the defendants. The demand letter should contain the facts of the case and an offer for compensation in the form of money. During the discovery stage the legal team will gather evidence and interview witnesses in order to build a solid case. The team will also prepare a court document. The legal team of the defendants will then review the claim and make a response of their own. In a perfect world the parties could reach an agreement that is satisfactory for both parties. However, not all cases reach an agreement, and some end up going to trial. In a trial the judge and jury will hear both sides' arguments to decide who is the winner. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses, he or won't receive any compensation at all.