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 costs. This kind of personal injury claim may help parents pay for the care of their child.

Birth defects that are not properly addressed during the childbirth process can result in abrasions or other injuries to the brachial plexus nerves. In many cases, doctors have to apply pressure during birth but if they apply too much pressure or do not accurately gauge the amount of pressure they apply, it could result in injury.

Medical Malpractice

A medical malpractice case focuses on a healthcare professional's breach of their standard of care during an aforementioned set of circumstances. This can include improper care during pregnancy, inability to identify the presence of a pregnancy-related issue (such as fetal macrosomia) or failing to perform C-sections as required.

danielson erb's palsy law firm palsy is a disorder that affects the brachial nerve system that controls movement and sensation in the arm, shoulder, and hand. It often results from an injury or a pull that causes tears or stretching of the nerves.

In many cases, the injuries that cause Erb's 'Palsy' can be avoided. But, it's an extremely common birth injury that many parents aren't prepared for. When delivering the parent is juggling many thoughts running through their heads and it's very difficult to notice signs of a mistake which could result in a serious medical mistake.

An experienced lawyer who specializes in erb's paralysis can assist parents in determining whether their child's condition is due to medical negligence. If this is the situation, a suit can be filed for financial compensation to pay for medical treatments and assistive equipment. Although money cannot erase the effects of a birth injury, it can provide the financial assistance that a child requires to live a full and healthy life. The majority of erb's palsy lawsuits settle before going to trial, so it is crucial to act quickly.

Birth Injury

The financial and emotional strain of living with erb’s palsy is immense. Settlements for Erb's Palsy can help families cover therapies, treatments and assistive devices. The brachialplexus is the nerves that run along the arm of your child. It provides sensation and coordinated movements to their arms and hands. The nerves' network can be damaged by pulling too hard during delivery or using instruments. Medical malpractice is a case of injuries to the brachialplexus occur due to the negligence or carelessness of a doctor, nurse or hospital personnel.

In the event of a successful claim parents can be awarded compensation that covers medical bills, physical and 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 standards of care. They must also prove that the failure was a direct and immediate cause of the infant's birth injury.

In a majority of cases doctors will pull too hard on the neck or shoulder of a newborn in order to guide them through the birth canal. This can stretch the neck nerves of the baby and causeother medical caregivers responsible for their injury. Parents can receive financial compensation for medical expenses, therapy, assistive devices and lost wages through lawsuits. They can also help families achieve a sense of justice and closure.

A free consultation with a seasoned lawyer is the first step in the legal process. If the attorney believes the case has merit the lawyer will issue a demand note to the defendants. The demand letter should contain the facts of the case along with an appeal for compensation.

During the discovery process the legal team will collect evidence and interview witnesses in order to construct a strong case. The team will then submit a court report. The legal team of the defendants will examine and respond to the claim.

In a perfect world, the parties would come to an agreement that is satisfactory for both sides. However it is not always the case that cases reach an agreement, and some end up going to trial. During a court trial, the jury and a judge will examine both sides' arguments to determine the winner. If the plaintiff wins, he will receive a payment and the lawsuit will be closed. If the plaintiff loses, he / she will not receive any compensation whatsoever.