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Erb's Palsy Legal Legal action to treat Erb's Palsy involves filing an insurance claim or a lawsuit to recover medical costs and therapy costs. This kind of personal injury claim could aid parents in paying for the treatment of their child. Birth-related medical errors can cause abrasions or other injuries to the nerves of the brachialplexus. Doctors are often required to apply force during delivery. However should they apply too much pressure or misjudge the amount of pressure needed it could cause an injury. erb's palsy lawyer honolulu on a healthcare professional's breach of their standards of care in an aforementioned set of circumstances. This could include inadequate prenatal care, a failure to detect a pregnancy problem (such as fetal macrosomia) or inability to perform a C section when it is required. Erb's syndrome is a condition that affects the brachial plexus nerve system that controls movement and sensation in the shoulder, arm, and hand. It is usually caused by a traumatic pull or stretch that tears or stretches the nerves. In a majority of cases, the injuries that cause erb's paralysis are avoidable. This is an extremely common birth injury that parents aren't aware of. During the birthing process, parents can be distracted by a variety of things and can easily overlook warning signs that could lead to serious medical errors. An experienced lawyer for erb's syndrome can assist parents to determine if the child's condition is caused by medical malpractice. If so the lawsuit could be brought to recover the financial compensation needed to go towards medical treatments or assistive devices. Although money cannot completely erase the effects of a birth injury it could provide the financial aid a child needs to live a full life. Most erb's palsy lawsuits are settled before going to trial, which is why it is essential to act fast. Birth Injury The financial and emotional strain of living with erb’s palsy is immense. Settlements for Erb's Palsy may help families pay for therapy, treatment, and assistive devices. The brachialplexus is a collection of nerves in the arm of your child that provide sensory and coordinated movement to hands and arms. The nerves' network can be damaged if you pull too hard during delivery or using instruments. Medical malpractice is considered when injuries to the brachialplexus are triggered by the carelessness or negligence of a nurse, doctor or hospital staff. Parents who prevail in their case may be awarded compensation for medical expenses, physical therapy, occupational therapy and surgery. In order to prove that a doctor was negligent, the legal team must prove that they did not meet the standard of care. They must also demonstrate that the negligence was the main and primary cause of the birth injury. In many cases doctors mistakenly pull too hard on the neck or shoulder of a newborn when trying to guide them through the birth canal. This can cause stretching of the nerves of the neck of the infant and trigger strokes that affect one or both sides of their head. It is also typical for a physician to improperly use a vacuum extractor, or forceps in the event of a difficult birth to push a baby through the birth canal, which can cause nerve damage. Statute of limitations Parents of children who suffers from erb's paralysis could be entitled to compensation. However there is a strict deadline known as the statute limitations that limit the time families are required to file legal actions. Generally speaking, the statute of limitations starts on the 18th birthday of an individual. If you believe that negligence or medical malpractice caused your child's Erb's Palsy, it is important to consult with an Erb's & Palsy lawyer right away to determine whether you are entitled to pursue a lawsuit. Erb's Palsy is a condition that is caused by injury to the network of nerves in a baby's shoulder or neck, known as the brachial plexus. Often, this injury occurs when a child's head becomes trapped beneath the pelvic bone during the labor or delivery process, a condition known as shoulder dystocia. When medical professionals attempt to free a stuck infant, they can over-reach on the shoulders and neck, which damages the nerves that run through the arm. A midwife or doctor should be able to anticipate problems such as shoulder dystocia and know how to safely deliver a baby without harming it. If they breach this duty by pulling too hard on the neck or the shoulders and neck, it could be deemed medical malpractice. Medical malpractice victims can receive compensation for their child's ongoing treatment and medical bills. Filing a Lawsuit An attorney can assist those children who suffer from erb's palsy as a result medical negligence during birth file a lawsuit. The lawyer will then sue the doctor or other medical personnel who caused the injury. Parents can seek financial compensation for medical bills, therapy, assistive devices and lost wages through lawsuits. They also provide families with a sense justice and closure. A free consultation with a seasoned lawyer is the first step in the legal process. If the lawyer is convinced that the case is legal and enforceable, they will send an official demand letter to defendants. The demand letter should contain the facts of the situation and an offer for compensation in the form of money. During the discovery phase in the discovery phase, the legal team will collect evidence and talk with witnesses to construct an argument that is strong. The team will then submit a court document. The legal team of the defendants will analyze and respond to the claim. Ideally, parties will come to an agreement that pleases both parties. However, not all cases are resolved and a lot go to trial. In a trial, the jury and judge will hear both sides' arguments to determine who wins. If the plaintiff wins the case they will be awarded an amount. If the plaintiff loses then the plaintiff will not receive any compensation.