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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to recover compensation for medical bills as well as therapy costs. This type of personal injuries claim can help parents pay the medical bills of their child. The birth of a child can cause abrasions and other injuries to the nerves of the brachialplexus. Often doctors need to apply pressure during birth but if they apply too much or misjudge the amount of pressure applied, it could cause 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 could include inadequate care during pregnancy, failure to recognize a problem with pregnancy (such as fetal macrosomia) or failure to perform C-sections when needed. Erb's syndrome is a condition that affects the brachial plexus nerve system that controls movement and sensation in the arm, shoulder, and hand. It often results from a traumatic pull or stretch that tears or stretches the nerves. In many cases, the injuries that cause Erb's 'Palsy' can be avoided. But, it's a common type of birth injury that a lot of parents aren't prepared for. During the birthing process, parents are distracted by a variety of things and it's easy to ignore warning signs that could lead to serious medical mistakes. A seasoned lawyer for erb's palsy can help parents determine whether their child's condition was due to medical negligence. If this is the situation, a suit can be filed for financial compensation to cover medical treatments and assistive devices. The money won't reverse the effects of birth injuries however, it can give a child the financial resources they require to live a full and happy life. Most erb’s palsy cases are settled before trial, so you must act quickly. Birth Injury The financial and emotional strain of living with erb's palsy is immense. An Erb's palsy settlement can help families cover therapies, treatments and assistive devices. The brachialplexus comprises a network of nerves located in your child's arm that provide sensory and coordinated movement to the hands and arms. The forceful pulling that occurs during labor or delivery or the use of instruments may damage this network of nerves and cause Erb's paralysis. Medical malpractice is the term used when injuries to the brachialplexus occur by the negligence or carelessness of a doctor, nurse or hospital staff. In the event of a successful claim, parents can receive compensation for medical expenses, physical and occupational therapy, and even surgery. To prove that a doctor was negligent, the legal team must show that they failed to meet the standards of care. They must also show that the failure was a direct and significant cause of the infant's birth injury. In many cases doctors pull on the neck or shoulder of the infant in order to guide them into the birth canal. This could stretch the neck nerves of the infant and result in a stroke either or both sides. During a difficult delivery it is normal for doctors to make use of forceps or a vacuum extractor to force the baby through the birth canal. This could cause nerve damage. Statute of limitations Parents whose child suffers from Erb's palsy could be eligible for compensation. However, there is erb's palsy attorney temecula known as the statute of limitations that restricts the time families have to file legal actions. The statute of limitations usually begins on the 18th birthday of an individual. Parents who believe their child's erb's syndrome was caused by medical negligence or negligence should speak with an Erb's palsy lawyer promptly to determine whether they have the right to file a lawsuit. Erb's Palsy is caused by damage to the brachial plexus nerve in the neck and shoulder. This condition is typically caused when the child's head gets stuck beneath the pelvic bones during labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to remove a stuck infant in the womb, they may force too much pressure on the shoulders and the neck, which causes damage to the nerves that run through the arm. A doctor or midwife should be able to spot potential issues such as shoulder dystocia and be able to safely deliver the baby without causing an injury. If they fail to fulfill this responsibility by pulling too excessively on the neck or the shoulders or the shoulders, it could be considered medical malpractice. Medical malpractice victims may be eligible for compensation for ongoing medical care and medical expenses. Filing an action If a baby develops erb's palsy due to medical negligence during delivery an attorney could help him or her file an action against the doctor and other medical caregivers responsible for his or her injury. The law suits can help parents obtain financial compensation for expenses for therapy, medical bills, assistive devices, and lost wages. They can also assist families feel a sense of justice and closure. The legal process for filing a lawsuit begins with a free consultation with a knowledgeable lawyer. If the lawyer feels the case is valid and enforceable, they will send an order letter to the defendants. The demand letter will outline the facts of the case as well the request for monetary compensation. During the discovery stage the legal team will gather evidence and talk to witnesses to establish a solid case. The team will also submit the court report. The legal team of the defendants will review the case and then respond with their own. Ideally, parties can reach a settlement that satisfies both parties. However there are cases that do not reach the point of settlement, and many end up going to trial. In a court trial the jury and judge will listen to both sides' arguments in order to determine who wins. If the plaintiff wins the case they will receive an amount. If the plaintiff loses, he or she will not receive any payment at all.