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Erb's Palsy Legal

Legal action to treat Erb's Palsy involves filing an insurance claim or lawsuit to recover medical expenses and therapy costs. This kind of personal injury claim could help parents pay their child's medical bills.

Medical errors during childbirth can cause abrasions or other injuries to the brachialplexus's nerves. In many cases, doctors have to apply pressure during birth, but if they use too much pressure or do not accurately gauge the amount of pressure they apply, it could result in an injury.

Medical Malpractice

A medical malpractice claim is caused by the failure of a healthcare professional to meet their standard of care in a particular set of circumstances. This may include care that was not provided during pregnancy, inability to identify any pregnancy-related issues (such as fetal macrosomia) or failing to perform C-sections as required.

Erb's palsy is a condition that affects the brachial plexus nerves that regulate movement and sensation in the arm, shoulder and hand. It is often caused by 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 prevented. This is an extremely common birth injury that most parents are not aware of. When delivering the parent is juggling numerous thoughts going through their head and it's very easy to overlook signs of an error that could result in a serious medical mistake.

An experienced erb’s palsy attorney can assist parents in determining if the child's condition is due to medical negligence. If this is the situation, a lawsuit could be filed to seek an amount of money to cover medical treatments and assistive devices. Money cannot undo the effects of birth injuries but it can provide a child with the financial aid they need to live a fulfilled life. erb's palsy law firm san bernardino of cases involving erb's syndrome settle before trial, so you must act quickly.

Birth Injury

Living with erb's paralysis can be financially and emotionally draining. Settlements for Erb's Palsy can help families pay for treatment, therapy and assistive devices. The brachialplexus is a nerve system that runs through the arm of your child. It gives sensation and coordinated movements to their hands and arms. The nerves in this network can be damaged by pulling too hard during delivery or by using instruments. Injuries to the brachial nerve are considered medical malpractice if they are caused by the negligence of a doctor or hospital staff.

Parents who win their case can get compensation for medical expenses, physical therapy, occupational therapy and even surgery. To show that a doctor is negligent, the legal team must to demonstrate that they failed to provide the standard of medical care. They must also demonstrate that the negligence was the sole and primary reason for the birth injury.

In many instances doctors mistakenly pull too hard on the neck or shoulder of a newborn in order to guide them through the birth canal. This can strain the nerves in the neck of the infant and trigger strokes that affect either or both sides their head. If the birth experience is difficult, it is common for the doctor to utilize forceps or an extractor to push the child through the birth canal. This can result in nerve damage.

Statute of Limitations

Parents with children who has erb's parisis may be entitled to compensation. There is a time limit, called the statutes of limitations, that restricts the time a family can take legal action.

Generally speaking, the statute of limitations begins at the age of 18. If you believe that negligence or medical malpractice caused your child's Erb's-Pallsy, it is important to consult an Erb's-Palsy lawyer immediately to determine if you have the right to pursue a lawsuit.

Erb's Palsy is caused by damage to the brachial-plexus nervous system in the neck and shoulder. Typically, this type of injury occurs when a baby's head is stuck underneath the mother's pelvic bone during labor or delivery or delivery, a condition known as shoulder dystocia. When medical professionals attempt to free a child who is stuck in the process, they might forcefully pull on their shoulders and neck and cause damage to the nerves of the arm.

A doctor or midwife should be able to recognize potential complications such as shoulder dystocia, as well as know how to safely deliver a baby without injuring it. If they violate this duty by putting pressure on the shoulders or neck excessively, it could be considered negligence. Medical malpractice victims may be eligible for compensation for their child's ongoing care and medical bills.

Filing a Lawsuit

If a baby is diagnosed with erb's syndrome due to medical negligence during the birth an attorney could help him or her file a lawsuit against the medical doctor and other medical care providers responsible for his or her injury. Lawsuits can assist parents in obtaining financial compensation that covers costs for therapy, medical bills as well as assistive devices and lost wages. They can also assist families find a sense justice and closure.

A free consultation with a lawyer experienced is the first step in the legal process. If the lawyer believes the case is legal they will then send a demand letter to the defendants. The demand letter should contain the details of the case and a request for compensation.

In the discovery phase, the legal team will gather evidence and speak with witnesses to establish a solid case. The team will also prepare a court document. The legal team of the defendants will then examine the claim and make a response of their own.





Ideally, parties can reach an agreement that is satisfactory for both sides. However, not all cases reach a settlement and many end up going to trial. In a trial the judge and jury will hear the arguments of both sides to determine a winner. If the plaintiff wins, he or she will be awarded a prize and the case will be closed. If the plaintiff loses then they won't get any money.