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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to seek reimbursement for medical bills and therapy costs. This kind of personal injury claim can help parents pay the medical bills of their child. Medical mistakes during child birth could cause abrasions as well as other injuries to the brachial plexus nerves. Doctors often require force during birth. However should they apply too much pressure or do not know how much pressure is needed it could result in an injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional breaching their standard of care under an aforementioned set of circumstances. This could include inadequate care during pregnancy, the inability to recognize an issue with pregnancy (such as fetal macrosomia), or failures to perform C-sections when needed. Erb's syndrome is a condition that affects the brachial plexus network of nerves that control movement and sensation in the arm, shoulder, and hand. It usually occurs as a result of traumatizing pull or stretch that tears or stretches the nerves. In many instances, injuries that cause Erb's Palsy can be prevented. This is an extremely common birth injury which parents aren't aware of. During the delivery process, a parent has numerous thoughts going through their heads and it's difficult to notice signs of an error which could result in an injury that is serious to the medical system. A seasoned lawyer for erb's palsy can assist parents in determining whether their child's condition is caused by medical negligence. If this is the case, a lawsuit may be filed to seek financial compensation to cover medical treatments and assistive equipment. While money won't completely erase the effects of a birth injury, it can provide the financial support the child needs to live a full life. Most erb’s palsy cases end up being settled before trial, which is why you must act quickly. Birth Injury The emotional and financial burden of living with erb's syndrome is considerable. A settlement for Erb's palsy could aid families in paying for therapy, treatment, and assistive devices. The brachial plexus is a group of nerves in the arm of your child that provide sensation and coordinated movement to hands and arms. A forceful pull during labor and birth or the use of instruments can cause nerve damage and cause Erb's Palsy. Medical malpractice is the term used when injuries to the brachialplexus are caused by the negligence or carelessness of a physician, nurse or hospital staff. In erb's palsy law firm minneapolis of a successful case parents could receive compensation that covers medical bills as well as occupational and physical therapy as well as surgery. To prove that a doctor is negligent, the legal team will need to show that they failed to provide the requirements of medical care. They must also show that the error was the main and primary reason for the birth injury. In many instances doctors will push too hard on the neck or shoulder of a newborn when trying to pull them through the birth canal. This can cause stretching of the nerves of the neck of the baby, causing strokes that affect one or both sides of their head. During a difficult delivery the norm is for doctors to employ forceps or a vacuum extractor to force the infant through the birth canal. This can cause nerve damage. Statute of limitations Parents whose child suffers from erb's palsy may be eligible for compensation. There is a time limit known as the statutes limitations, that restricts the time a family can pursue legal action. Generally speaking, the statute of limitations begins when an individual turns 18. Parents who believe their child's erb's syndrome was caused by medical malpractice or negligence should consult an Erb's palsy lawyer immediately to determine if they have the right to file a lawsuit. Erb's Palsy is a condition which is caused by damage to the nerves' network in a baby's shoulder or neck, referred to as the brachial plexus. This condition is typically caused by the child's head getting stuck between the pelvic bones during labor or delivery. The condition is known as shoulder dystocia. When medical professionals attempt to remove the baby who is stuck in the process, they might push too hard on their shoulders and neck and cause damage to the nerves of the arm. A midwife or doctor must be able to anticipate any complications like shoulder dystocia and know how to safely deliver a baby without harming it. If they violate this duty by putting pressure on the neck or shoulders too hard or bending the neck too much, it could be considered negligent. Medical malpractice victims may be eligible for compensation for their child's ongoing care and medical bills. Filing an action If a baby develops erb's paralysis due to medical negligence during delivery an attorney could assist the baby to file lawsuits against the medical professional and other medical professionals responsible for their injury. Parents can get financial compensation for medical expenses and therapy, as well as assistive devices and lost wages through lawsuits. They can also help families achieve a sense of justice and closure. The legal process for filing a lawsuit begins with a no-cost consultation with an experienced lawyer. If the lawyer believes the case is meritorious then they will submit a demand 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 gather evidence and talk to witnesses to create a convincing case. They will also submit an account to the court. The legal team of the defendants will look over and respond to the claim. In an ideal world, the parties would agree to an agreement that satisfied both parties. However, not all cases are settled and many go to trial. In a court trial a judge and jury will listen to both sides' arguments in order to determine who wins. If the plaintiff succeeds, the plaintiff will receive a payment and the case will come to a close. If the plaintiff loses, he / she will not receive any compensation at all.