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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 will help parents pay for the medical bills for their child. Medical errors during childbirth can result in abrasions or other damage to the nerves of the brachialplexus. Doctors often require pressure during the birth. However should they apply too much pressure or do not know the amount of pressure required it could cause an injury. Medical Malpractice A medical malpractice claim is the result of a healthcare professional's failure to perform their standard of treatment in a specific set of circumstances. This could include insufficient prenatal care, the inability to identify a pregnancy issue (such as fetal macrosomia) or failing to perform a C-section when required. Erb's spalsy is caused by a condition that affects the brachial nerve system that regulates movement and the sensations 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. It is a common birth defect that parents aren't aware of. During the birthing process, parents are distracted by many things and can easily ignore warning signs that could lead to serious medical mistakes. An experienced erb's palsy lawyer can assist parents in determining the cause of their child's illness due to medical negligence. If it is, a lawsuit may be filed to recover money that can be used towards medical treatment and assistive devices. Money cannot undo the effects of birth injuries however, it can provide a child with the financial resources they require to lead a happy and fulfilling life. Most erb's palsy lawsuits are settled before trial, therefore it is imperative to act quickly. Birth Injury Living with erb's palsy can be emotionally and financially draining. A settlement with Erb's syndrome will help families cover treatment, therapy and other devices. The brachialplexus is a collection of nerves located in your child's arm which provide sensation and coordinated movement to hands and arms. A forceful pull during labor or delivery or the use of instruments may cause damage to this nerve network and cause Erb's Palsy. Medical malpractice can be considered if injuries to the brachialplexus are caused due to the negligence or carelessness of a physician, nurse or hospital staff. Parents who prevail in their case will get compensation for medical expenses as well as occupational therapy, physical therapy therapy and even surgery. To prove that the doctor was negligent, the legal team must show that they failed to meet the standard of care. They must also prove that this negligence was a direct and proximate cause of the infant's injury. In a lot of 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 nerves in the neck of the baby and cause strokes, which can affect either or both sides their head. In the event of a difficult birth the norm is for a doctor to use forceps or a vacuum extractor to force the infant through the birth canal. This could cause nerve damage. Statute of limitations Parents whose child has erb's syndrome may be eligible for compensation. However there is a specific deadline known as the statute limitations that restricts the time families are required to pursue legal action. The statute of limitations generally commences at the age of 18 of an individual. Parents who believe that their child's erb's palsy was caused by medical negligence or negligence must consult an attorney for Erb's Palsy promptly to determine whether they are entitled to bring an action. Erb's palsy is a complication that results from damage to the network of nerves in a baby's shoulder or neck, also known as the brachial plexus. This injury is often caused by the child's head getting trapped under the pelvic bones during labor or birth. This condition is known as shoulder dystocia. When medical professionals attempt to free a child stuck, they can over-reach on the shoulders and neck, which damages the nerves of the arm. A doctor or midwife should be able to anticipate issues such as shoulder dystocia and know how they can safely deliver the baby without causing injury. If they breach this duty by putting pressure on the shoulders or neck excessively this could be construed as negligence. The victims of medical malpractice can receive compensation for their child's ongoing care and medical bills. Filing erb's palsy law firm portsmouth can help the child who is diagnosed with erb's palsy as a result medical negligence during birth file a lawsuit. The lawyer will take action against the doctor or any other medical professionals who caused the injury. Parents can get financial compensation for medical bills as well as therapy, assistive devices and lost wages through lawsuits. They also provide families with the satisfaction of having their issues resolved and a sense of closure. A no-cost consultation with a seasoned lawyer is the first step in the legal process. If the lawyer is convinced that the case has merit and merits a lawsuit, they will file a demand letter with the defendants. The demand letter will include the facts of the case and the request for monetary compensation. During the discovery phase, the legal team will gather evidence and speak with witnesses to create a strong case. The team will also submit an official court report. The legal team of the defendants will then review and respond to the claim. In a perfect world the parties would agree to a settlement that was satisfactory to both parties. However, not all cases reach the point of settlement, and many will go to trial. In a trial, a judge and jury will listen to the arguments of both sides to decide on a winner. If the plaintiff wins the case, they will receive a payout. If the plaintiff loses, he or she will not receive any compensation at all.