Why Erb's Palsy Claim Isn't As Easy As You Think
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You could be awarded compensation for Erb's paralysis, which will allow your child get medical care as well as adaptive equipment and an education that is of the highest standard. Our specialist legal team work with families to determine the life-care costs of their child's injuries.
The majority of birth injury cases are settled outside of court in order to avoid costly jury trials. If a trial is needed our lawyers will draft your case for success.
Damages
Depending on the extent of the injury, damages could be a range of medical expenses including past and future estimated costs. The damages could include the cost that is spent or to be spend on physical and occupational therapies, and any resulting mental services.
Parents also have the right to compensation for their child's diminished enjoyment of life. Erb's palsy can affect the quality of life of children, as well as the entire family. In many instances the disability can result in a substantial loss of future earnings.
In addition, children with Erb's palsy often require specialized equipment and assistive devices to aid them in getting around and live as independently as is possible. They may need lifelong support and therapy. Finally, their parents may be suffering from emotional stress as a result of the injury.
As soon as you suspect that your child may have suffered an injury to the brachial plexus, it is crucial to speak with an attorney for birth injuries. Your attorney will review the case and collect evidence. This may include written reports by experts as well as statements from witnesses. Once this information is gathered, your legal team can begin the process of settling out of court or bringing your case to trial.
Time Limits
If your child has been diagnosed with erb's syndrome it is possible to recover compensation for physical therapy, medical expenses and other rehabilitation costs. You should contact an Erb's Palsy Attorney as early as you can to ensure that your claim is filed prior to the deadline for filing claims in your state.
If there is an award of compensation, if the lawsuit is successful, it may be awarded to cover medical expenses, hospital costs, lost wages and pain and discomfort. Damages can also be repaid for the equipment your child requires to improve the function of their affected arm or shoulder like an extension splint made of springs.
The most frequent cause of Erb's Palsy is the forceful delivery, such as when there is a large or breech baby. This can stretch the neck and damage the brachial nerves of one or both arms. Doctors should be able to detect an extremely large infant or a breech position and in these instances we recommend a caesarean delivery to avoid injury during birth.
Other common causes of injuries to erb's palsy during birth include a physician not recognizing the need for a caesarean birth in a larger infant or a ruptured pregnancy, the inability to deliver a breech baby through a C-section or the use of force too much to remove the head during vaginal birth. A lot of these medical errors could have been avoided and parents of children suffering from Erb's psi should consider making a claim for compensation.
Medical Expenses
Infants who sustain an injury to their brachial plexus, which may cause Erb's psy, may experience discomfort, pain and loss of independence. In some cases, if an injury leads to ongoing physiotherapy or other rehabilitation requirements such as special equipment and home modifications, a claim for compensation is possible.
An OB/GYN could be held accountable for the costs incurred in a lawsuit involving Erb's palsy if malpractice or medical negligence was the direct reason for the birth injury. This could include failing to identify the condition at a timely time so that a Cesarean section could have been scheduled to prevent the problem or caused by the excessive force employed during labor and delivery. This is especially prevalent in breech delivery where doctors can put lots of pressure on the baby's shoulders and head during the delivery.
Injury to the brachial-plexus can cause Erb's psy. This can be severe and impact the child throughout their life. In some cases this may require long-term physiotherapy, occupational therapy and even surgery. It can be expensive and stressful for families. This is why obtaining an Erb's palsy settlement is crucial. The money can be used to cover the cost of treatment and enable families to concentrate on providing the best possible care for their child.
Attorney Fees
If you are a parent of an infant who suffers from Erb's Palsy, your child could be facing many years of medical expenses. Our lawyers will fight to secure the money you need to cover the costs that are associated with this birth injury, including the physical therapy your child receives as well as rehabilitative surgery, medication and medical equipment. We can also assist in recover the compensation your child suffered due to his loss of enjoyment of life and suffering and pain.
Newborns can develop Erb's palsy in the event that they are required to move too much during the birth process. This can happen during vaginal birth or C-section. It is also more common in breech deliveries, and when the baby's shoulders become stuck in the birth canal, resulting in shoulder dystocia.
In this case doctors may have to apply excessive force to remove the shoulders from the birth canal. This can cause strain or tear to the brachial plexus nerves which can cause Erb's palsy.
It is vital to file an Erb's palsy lawsuit as soon as you can. In a lot of instances, it's the best option to ensure that you receive the financial aid necessary to pay for treatment and care of your child. A skilled lawyer will ensure that your claim is filed in time and that all documentation are submitted to the court. Our legal team will also collect evidence and seek expert opinions in order to show that the injuries suffered by your child were the result of malpractice.
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