How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to perform their duty of care which results in injury or worsening of an existing condition. Erb's palsy cases are no different.

Families may be able to receive compensation for an injury to the brachial nerve that was preventable. It can also provide closure for the entire family.

What is Erb's Palsy Claim?

Erb's palsy is a birth injury that can leave young people with weakness in one or both arms. The condition can impact how they walk, hold objects in their hands and move their fingers. A person in their early years may need to undergo physiotherapy or other surgical procedures in order to improve their mobility.

The condition is caused when the shoulders and neck are stretched over and above what they should be during births that are difficult. It could cause nerve damage to the brachial-plexus, a network of five primary nerves that are located from the neck of the infant down to the hand and arm, managing movement and feeling.

It can be caused by doctors or midwives pushing too hard on the head during the delivery or when a child is in the breech position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, stretching the newborn's neck. Families can get compensation for the cost of treatment by filing Erb's Palsy claims. A majority of these cases are settled outside of court, avoiding lengthy trial procedures.

How Do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's palsy, you may be entitled to compensation from the medical professionals involved in their child's birth. A legal claim could aid in the payment of your child's medical treatments as well as any adaptive equipment needed for therapy, and a future education.

Erb's Palsy happens when the tendons or nerves of your child's shoulders are damaged or stretched during labor or delivery. This injury can result from a variety of factors, including a long, complicated labor or delivery, an induction, larger or breech infant, or complications after the birth of a previous baby.

When you file an Erb's palsy lawsuit the legal team will collect evidence from medical records as well as other sources to support your claim. Then, they'll try to reach an agreement with the defendants. In an agreement, both sides will receive a payout and the case will end. If a settlement is not reached, your case will go to trial. The jury will listen to both sides' arguments and determine who is responsible for your child's injury.

What is the Statute of Limitations in Erb's Palsy Cases?

You can get compensation that will alter your life, irrespective of the fact that your child's brachial plexus was disabled due to an Erb's Palsy injury or another birth injury. Your lawyer can hold the medical professionals accountable for their negligence in causing the injury to your child.

Doctors and nurses are required to ensure a high level of care when delivering babies. If they do not adhere to this they may cause injuries. If your child suffered an Erb's palsy injury the injury could have been prevented.

An experienced lawyer will be able conduct an extensive investigation to uncover evidence of negligence. They can also directly negotiate with the lawyers of the party who is at fault to avoid a trial and receive the compensation they can. Compensation may cover the cost of your child's therapy, medical care or adaptive equipment, as well as rehabilitation. Compensation can also be used to cover lost wages, if you or your family member required time off from work to care for your children. The statute of limitation or deadline to file lawsuits, varies by state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to comprehend the medical issues that arise in these cases and determination to take on insurance companies that deny victims the money they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these skills and can offer a thorough case review for families that suspect their child may have suffered a preventable birth injury.

Erb's Palsy is a kind of brachial plexus injury which affects the upper arms and shoulders. Most often, it is caused by trauma during birth, and can lead to weakness or paralysis in one arm. Most infants with the condition have trouble crawling or lifting their weight.

This type of birth injury occurs typically when a breech or difficult birth occurs. When a baby gets stuck in the birth canal medical professionals must exert pressure to free them which may cause damage or stretching of the nerves that run through the neck of the infant. This kind of birth trauma is known as shoulder dystocia, and is the leading cause of Erb's palsy. It is the most frequent reason for permanent paralysis in newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in force, called statutes of limitations, that restrict how long families can take legal action after a medical error causes an injury like Erb's palsy. However an attorney can help you file an Erb's palsy lawsuit even after the time limit is over. Your lawyer will work closely with you and your family to determine if your child's injuries are the result of negligence on the part of a medical professional. They will hire medical professionals to review the medical records of your child and provide their opinion. This is referred to as establishing the standards of care in your situation.

Erb's palsy is a form of brachial plexus ailment that affects the sensory and movement in your child's arm. The condition occurs when the brachialplexus' nerves are injured during birth. In cases of shoulder dystocia, it is typically caused by medical staff using excessive pressure when delivering the baby. This may cause compression or stretch the neck nerves.

Children with Erb's palsy require ongoing rehabilitation and physical therapy. They may also need to obtain adaptive equipment for their homes. The compensation awarded by the court could assist your family and you to pay these expenses.