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erb's palsy law firm san leandro involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills as well as therapy costs. This type of personal injury claim may help parents pay for the treatment of their child. Medical errors during childbirth can cause abrasions or other injuries to the nerves of the brachialplexus. Doctors often need to use pressure during the birth. However when they apply excessive pressure or don't know the amount of pressure needed, it can lead to an injury. Medical Malpractice Medical malpractice claims focus on a healthcare professional's breaching their standard of care during an aforementioned set of circumstances. This may include care that was not provided during pregnancy, the inability to recognize the presence of a pregnancy-related issue (such as fetal macrosomia), or failures to perform C-sections when needed. Erb's spalsy is caused by an illness that affects the brachial nerve that regulates the movement and sensations of the shoulder, arm, and hand. It is often caused by a traumatic pull or stretch which tears or stretch the nerves. In many cases, the injuries that cause Erb's 'Palsy' can be prevented. But, it's an uncommon birth injury that many parents do not anticipate. During the birth process parents have a million things running through their head and it's difficult to notice signs of a mistake that could cause an injury that is serious to the medical system. A seasoned lawyer for erb's palsy can help parents determine whether their child's condition is due to medical negligence. If this is the case, a lawsuit may be filed to seek an amount of money to cover medical treatments and assistive devices. While money won't completely erase the effects of a birth injury, it can provide the financial assistance that a child requires to live a full life. The majority of cases involving erb's syndrome settle before trial, so you should act quickly. Birth Injury Living with erb's syndrome can be financially and emotionally draining. An Erb's Palsy settlement may help families pay for treatment, therapy, and assistive devices. The brachialplexus refers to the nerves that run through the arm of your child. It gives sensation and coordinated movements to their hands and arms. Forceful pulling during labor or delivery or the use of instruments can damage this network of nerves and cause Erb's paralysis. Medical malpractice is a case of injuries to the brachialplexus are caused due to the negligence or carelessness of a doctor, nurse or hospital personnel. In a successful claim parents could receive compensation for medical expenses as well as occupational and physical therapy, and even surgery. 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 show that the error was the sole and primary reason for the birth injury. In many instances doctors will pull too hard on the baby's neck or shoulder when trying to pull them through the birth canal. This could cause stretching of the neck nerves of the baby and cause a stroke to one or both sides. 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 could cause nerve damage. Statute of limitations Parents of children who suffers from erb's paralysis could be entitled to compensation. There is a deadline known as the statutes of limitations, that restricts how long a family can pursue legal action. Generally, the statute of limitations is set at the age of 18. Parents who believe their child's erb's-related palsy was the result of medical malpractice or negligence should consult an attorney for Erb's Palsy immediately to determine whether they have the right to bring a lawsuit. Erb's palsy is a complication which is caused by damage to the nerves' network in the shoulder and neck, also known as the brachial plexus. Often, this injury occurs when a child's head becomes stuck under the pelvic bone during labor or birth which is known as shoulder dystocia. When medical professionals attempt to free a child stuck or a child, they may pull too hard on the shoulders and the neck, which causes damage to the nerves that run through the arm. A midwife or doctor should be able of recognizing potential issues such as shoulder dystocia and be able to safely deliver the baby without causing injury. If they breach this duty by pulling too heavily on the neck or the shoulders and neck, it could be deemed medical malpractice. Fortunately, victims of medical malpractice can claim compensation to cover their child's medical bills and ongoing treatment. Filing an action An attorney can aid a child who develops erb’s palsy because of medical negligence during birth. a lawsuit. The lawyer will sue the doctor or other medical personnel who caused the injury. Parents can get financial compensation for medical bills, therapy, assistive devices and lost wages through lawsuits. They can also assist families feel a sense of justice and closure. A free consultation with a lawyer who has experience is the first step in the legal process. If the lawyer believes the case is legal and enforceable, they will send an official demand letter to defendants. The demand letter should contain the facts of the case as well the request for monetary compensation. During the discovery stage, the legal team will collect evidence and speak with witnesses to create an argument that is strong. They will also submit an account to the court. The legal team of the defendants will then look over the claim and then respond with their own. In an ideal world, the parties would come to a settlement which satisfied both parties. However, not all cases reach a settlement and many will go to trial. During a court trial, the jury and judge will examine both sides' arguments to determine who wins. If the plaintiff wins the case they will be awarded a payout. If the plaintiff loses, he / won't receive any compensation at all.