Erb's Palsy Legal
Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy expenses. This type of personal injury claim may help parents pay for their child's care.
Mistakes in the birth process could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors often require force during delivery. However should they apply too much pressure or misjudge the amount of pressure required this could cause an injury.
Medical Malpractice
A medical malpractice claim is an accusation of a healthcare professional's failure to perform their standard of care in a particular set of circumstances. This could include inadequate prenatal care, the inability to identify a pregnancy issue (such as fetal macrosomia), or failure to perform a C-section when it is required.
Erb's palsy is caused by an issue with the brachial nerve system that controls the sensations and movement of the arm, shoulder, and hand. It typically occurs due to a traumatic pull or stretch that tears or stretches the nerves.
In most cases, the injuries that cause erb's Palsy are preventable. However, erb's palsy attorneys killeen is an extremely common birth injury that a lot of parents aren't prepared for. In the process of birth there are a million things running through their mind and it's very easy to miss signs of a mistake which could result in a serious medical error.
An experienced erb’s palsy attorney can assist parents in determining if their child's condition is caused by medical malpractice. If it is it is possible to file a lawsuit filed to obtain the financial compensation needed to go towards medical treatments or assistive devices. The money won't reverse 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 lawsuits involving erb's syphilis are settled before going to trial, so it is essential to act fast.
Birth Injury
Living with erb's paralysis can be emotionally and financially draining. A settlement for Erb's palsy can help families pay for therapy, treatment and assistive devices. The brachialplexus is the nerves that run along your child's arm. It gives sensation and coordinated movements to their hands and arms. Forceful pulling during labor and 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 result due to the negligence or carelessness of a nurse, doctor or hospital personnel.
In the event of a successful case parents could receive compensation that covers medical bills as well as occupational and physical therapy and surgery. To demonstrate that a physician is negligent, the legal team must to prove that they failed to meet the requirements of medical care. They must also prove that the failure was a direct and significant reason for the infant's birth injury.
In a majority of cases doctors mistakenly pull too hard on the baby's neck or shoulder when attempting to get them through the birth canal. This action can stretch the nerves in the neck of the baby and cause strokes that affect either or both sides of their head. During a difficult delivery it is common for the doctor to utilize forceps or an extractor to force the infant through the birth canal. This can cause nerve damage.
Statute of Limitations
Parents of children with Erb's palsy could be entitled to compensation. However, there is a strict deadline called the statute of limitations that limits how long families are required to file legal actions.
Generally speaking, the statute of limitations starts at the age of 18. If you believe that medical malpractice or negligence caused your child's Erb's Palsy, it is important to consult an Erb's-Palsy lawyer right away to determine if you have the right to sue.
Erb's Palsy is a condition that is caused by injury to the nerve network in a baby's shoulder and neck, known as the brachial plexus. This type of injury usually occurs by the child's head getting stuck between the pelvic bones during the labor or delivery. This condition is referred to as shoulder dystocia. When medical professionals attempt to remove a baby stuck, they may push too hard on their necks and shoulders, damaging the nerves of the arm.
A doctor or midwife should be able to anticipate problems such as shoulder dystocia and know how they can safely deliver the baby without causing injury. If they violate this obligation by pulling too excessively on the neck or the shoulders this could be construed as medical malpractice. Fortunately, the victims of medical malpractice can seek compensation to pay for their child's medical expenses and ongoing care.
Filing an action
If a baby is diagnosed with erb's palsy as a result of medical negligence during birth an attorney could help the baby file a lawsuit against the medical professional and other medical professionals accountable for the injury. Legal action can help parents receive financial compensation to cover costs for therapy, medical bills as well as assistive devices and lost wages. They can also assist families achieve a sense of justice and closure.
The legal process for a lawsuit begins with a free consultation with a knowledgeable lawyer. If the lawyer is convinced that the case is meritorious the lawyer will send a demand letter to the defendants. The demand letter will contain the facts of the case as well a request for monetary compensation.
During the discovery process the legal team will collect evidence and interview witnesses to establish a solid case. They will also present a report to the court. The legal team of the defendants will then analyze and respond to the claim.
Ideally, parties will come to an agreement that pleases both parties. Some cases are not settled, and many are sent to trial. In a trial the jury and judge will hear both sides' arguments to determine who wins. If the plaintiff wins, he or she will be awarded a prize and the case will come to a close. If the plaintiff loses, they won't get any compensation.