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Erb's Palsy Legal Erb's legal issue involves the filing of an insurance claim or lawsuit to recover reimbursement for medical bills and therapy expenses. This type of personal injury claim could help parents pay for the care of their child. The birth of a child can cause abrasions, or other injuries to the brachialplexus's nerves. Doctors often require force during delivery. However should they apply too much pressure or fail to recognize the amount of pressure required this could cause an injury. Medical Malpractice A medical malpractice claim is based on a healthcare professional who violated 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 failure to perform a Csection when it is required. Erb's spalsy is caused by an illness that affects the brachial nerve network that controls the sensations and movement of the arm, shoulder, and hand. It usually occurs as a result of traumatizing pull or stretch that causes tears or stretching of the nerves. In many cases, injuries that cause erb's Palsy are avoidable. This is a common birth defect which parents aren't aware of. During the birthing process, parents can be distracted by a multitude of things and it's very easy to miss indications that could lead to serious medical errors. erb's palsy attorneys southfield for erb's syndrome can help parents determine if their child's condition was due to medical negligence. If this is the case, a lawsuit may be filed for the financial compensation needed to pay for medical treatments and assistive devices. While money won't completely erase the effects of a birth injury, it can provide the financial support the child needs to live a healthy and fulfilling life. The majority of cases involving erb's syndrome settle before going to trial, therefore it is imperative to act quickly. Birth Injury The emotional and financial burden of living with erb's paralysis is immense. A settlement for Erb's palsy could help families pay for therapy, treatments, and assistive devices. The brachialplexus is the nerve system that runs through the arm of your child. It gives sensation and coordinated movements to their arms and hands. The forceful pulling that occurs during labor and delivery or the use of instruments may cause nerve damage and cause Erb's paralysis. Brachial plexus injuries are considered medical malpractice if they were caused due to the negligence of a hospital or medical professional. Parents who prevail in their case could be awarded compensation for medical expenses, physical therapy, occupational therapy as well as surgery. In order to prove that the doctor was negligent the legal team has to prove that they failed to meet the standard of care. They must also demonstrate that the negligence was the primary and most direct cause of the birth injury. In a majority of cases doctors pull on the neck or shoulder of the infant in an attempt to bring them into the birth canal. This could stretch the neck nerves of the infant and result in a stroke on either or both sides. It is also typical for a doctor to inadvertently use a vacuum extractor, or forceps during a difficult birth to force a baby through the birth canal, which can cause nerve damage. Statute of limitations Parents with children with erb's paralysis may be entitled to compensation. There is a time limit known as the statutes of limitations, that restricts how long a family can take legal action. Generally speaking, the statute of limitations begins on the 18th birthday of an individual. Parents who believe their child's erb's paralysis was caused by medical malpractice or negligence must consult an attorney who specializes in Erb's palsy promptly to determine whether they are entitled to file a lawsuit. Erb's psoriasis is caused by damage to the brachial-plexus nerve network located in the neck and shoulder. This type of injury usually occurs when the child's head gets stuck under the mother's pelvic bones during the labor or delivery. This condition is known as shoulder dystocia. When medical professionals attempt to free a stuck infant and over-reach on the shoulders and the neck, which can damage the nerves of the arm. A doctor or midwife should be able of recognizing potential issues such as shoulder dystocia, and know how to safely deliver the baby without causing injury. If they fail to fulfill this obligation by pulling on the shoulders or neck excessively, it could be considered negligent. Fortunately, those suffering from medical malpractice can seek compensation to cover the medical bills of their child as well as ongoing treatment. Filing an action An attorney can help a child who develops erb’s palsy as a result medical negligence during birth file a lawsuit. The lawyer will then take action against the doctor or any other medical providers who caused the injury. Lawsuits can assist parents in obtaining financial compensation for costs for therapy, medical bills, assistive devices, and lost wages. They can also assist families achieve a sense of justice and closure. The legal process for filing a lawsuit begins with a free consultation with a seasoned lawyer. If the lawyer is convinced that the case is meritorious, they will issue a demand note to the defendants. The demand letter will contain the facts of the case as well as a request for compensation. During the discovery stage the legal team will gather evidence and speak with witnesses to create a convincing case. The team will then submit an official court report. The defendants' legal team will then look over the claim and respond with their own. Ideally, parties will reach an agreement that pleases both sides. However many cases do not come to a settlement and many end up going to trial. In a trial, a judge and jury will listen to the arguments of both sides 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 then the plaintiff will not receive any compensation.