Erb's Palsy Attorneys The Process Isn't As Hard As You Think
Erb's Palsy Legal
Erb's palsy legal involves the filing of an insurance claim or lawsuit to seek reimbursement for medical bills and therapy expenses. This type of personal injuries claim could help parents pay their child's medical bills.
Medical mistakes during child birth can lead to abrasions and other injuries to the brachial plexus nerves. Often doctors need to apply force during delivery but if they apply excessive force or fail to gauge the pressure needed, it could cause injury.
Medical Malpractice
Medical malpractice claims focus on a healthcare professional breaching their standard of care during a specific set of circumstances. This could be due to inadequate prenatal care, an inability to detect a pregnancy problem (such as fetal macrosomia) or inability to perform a C-section when it is required.
Erb's palsy is a condition that affects the brachial network of nerves that control movement and sensation in the shoulder, arm and hand. It is usually caused by a traumatic stretch or pull that tears or strains the nerves.
In many cases, the injuries that cause erb's syndrome are preventable. However, it is a common type of birth injury that parents don't anticipate. During the birthing process, parents can be distracted by a multitude of things, and it's easy to overlook indications that could lead to serious medical mistakes.
An experienced lawyer for erb's syndrome can assist parents to determine if their child's condition is a result of medical negligence. If it is the lawsuit could be filed to seek financial compensation that can go toward medical treatments and assistive devices. Although money cannot completely erase the effects of birth injuries, it can provide the financial help a child needs to live a healthy and fulfilling life. The majority of cases involving erb's syndrome are settled before trial, so you must act quickly.
Birth Injury
The financial and emotional strain of living with erb's syndrome is immense. An Erb's-Palsy settlement could help families pay for therapy, treatment, and assistive devices. erb's palsy law firm chattanooga is a group of nerves in your child's arm that provide sensation and coordinated movement to the hands and arms. Instability during labor or delivery or the use of instruments may damage this network of nerves and cause Erb's Palsy. Injuries to the brachial nerve are considered medical malpractice if they are caused due to the negligence of a medical professional or hospital staff.
Parents who prevail in their case may receive compensation for medical bills as well as occupational therapy, physical therapy therapy as well as surgery. To prove that a doctor is negligent the legal team has to prove that they failed to meet the standards of medical care. They must also show that the failure was the direct and proximate reason for the birth injury.
In a majority of cases, a doctor will mistakenly push too hard on the baby's neck or shoulder when attempting to get them through the birth canal. This could stretch the nerves in the neck of the baby and cause a stroke, affecting one or both sides of their head. It is also typical for a doctor to incorrectly use a vacuum extractor forceps in the event of a difficult birth to force a baby through the birth canal, which can cause nerve damage.
Statute of limitations
Parents whose child has erb's palsy may be entitled to compensation. There is a deadline known as the statutes limitations, which limits how long a family may take legal action.
The statute of limitation generally starts on the 18th birthday of an individual. If you suspect that negligence or medical malpractice caused your child's Erb's palsy, it is important to consult with an Erb's & Palsy lawyer immediately to determine if you have the right to pursue a lawsuit.
Erb's Palsy is caused due to damage to the brachial-plexus nervous system in the baby's neck and shoulder. Often, this injury occurs when a child's head becomes stuck under the pelvic bone during labor or delivery and is referred to as shoulder dystocia. When medical professionals try to free a stuck infant, they can force too much pressure on the shoulders and neck, which may damage the nerves in the arm.
A doctor or midwife should be able to anticipate problems such as shoulder dystocia and be able to safely deliver the baby without causing an injury. If they breach this duty by pulling too excessively on the neck or the shoulders, it could be considered medical malpractice. Fortunately, the victims of medical malpractice can claim compensation to cover the medical bills of their child and ongoing medical care.
Filing a Lawsuit
An attorney can help the child who is diagnosed with erb's palsy due to medical negligence in the birth process file a lawsuit. The lawyer will then pursue the doctor or other medical personnel who caused the injury. Legal action can help parents receive financial compensation that covers the cost of therapy, medical bills as well as assistive devices and lost wages. They can also help families find a sense justice and closure.
The legal procedure for a lawsuit begins with a free consultation with a knowledgeable lawyer. If the lawyer is convinced that the case is a valid one and enforceable, they will send an order letter to the defendants. The demand letter will include the facts of the case and a request for monetary compensation.
In the discovery phase, the legal team will gather evidence and interview witnesses to establish a solid case. They will also submit a report to the court. The legal team of the defendants will then review and respond to the claim.
Ideally, parties will reach an agreement that pleases both sides. However many cases do not come to the point of settlement, and many will go to trial. During a court trial, a judge and jury will listen to both sides' arguments in order to decide who will win. If the plaintiff wins the case and is awarded a payout. If the plaintiff loses, he / won't receive any compensation at all.