How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to perform their duties of care that results in injuries or worsening of an existing condition. The cases involving Erb's palsy are no different.

Families may be able to receive compensation for an injury to the brachial plexus which could have been prevented. It also can bring the feeling of closure for the entire family.

What is an Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also affect the way they walk, use their fingers and hold objects with their hands. In most cases, a young person may require physical therapy as well as undergo other surgical procedures to improve their mobility.

The condition is caused when an infant's shoulders and neck are straining beyond what they should be during births that are difficult. It can cause nerve damage to the brachial-plexus which is a system of five primary nerves that are located from the neck of the infant down to the arm and hand that control movement and feel.

It could be caused by doctors or midwives pushing too hard on the head during the delivery particularly when a baby is in a forward position. It can also occur when a medical professional uses forceps or a vacuum extractor and applies too much pressure, stretching the neck of the newborn. Erb's palsy claims can help families receive compensation to pay the costs of treatment. A majority of these cases are settled out of court to avoid long trial processes.

How do I File an Erb's Palsy Claim?

You may be eligible for compensation if your child was diagnosed with Erb’s palsy by the medical professionals involved in their birth. You can use a legal claim to cover your child’s medical care and therapy equipment, adaptive equipment, and future education.

Erb's syndrome is caused by the tendons and nerves in your child's shoulder become stretched or damaged during labor or delivery. This injury can result from a number of reasons, such as a lengthy or complicated labor, an inducing labor, a large baby, breech presentation, or complications resulting from a previous birth.

If you file an Erb's palsy lawsuit and lawyers your legal team will gather evidence from medical records and other sources to support your claim. Then, they will try to reach a settlement with the defendants. In the event of a settlement, both parties will receive a cash settlement and the case will end. If a settlement is not feasible the case will go to trial. The jury will hear both sides and decide if they were at fault for the injury to your child.

What is the Statute of Limitations for Erb's Palsy Cases

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

Doctors and nurses have a duty to adhere to the highest standards of medical care during delivery. They could cause injuries if they fail to do so. If your child was injured by an injury from Erb's Palsy the injury could have been avoided.

An experienced lawyer can conduct an extensive investigation and uncover evidence of negligence. They can also negotiate with the at-fault party's lawyers to avoid a trial and get the maximum amount of compensation as quickly as is possible. Compensation can cover the cost of your child's therapy, medical treatment or adaptive equipment, as well as rehabilitation. Compensation can also be used to pay for lost earnings if you or a family member has to miss work to take care of your child. The statute of limitation or the time limit to file lawsuits, differs from state to state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer with the legal expertise to know the medical issues that arise in these cases and tenacity to fight the insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these skills and can provide a thorough case evaluation for families who suspect that their child may have suffered a preventable birth injury.

Erb's spalsy is one of the types of brachial plexus injury which affects the upper arms as well as shoulders. It is typically caused by trauma during birth and can cause weakness or even paralysis of one arm. The majority of infants affected have difficulty crawling or lifting their weight.

This type of birth injury is seen usually during breech or difficult delivery. When a baby gets stuck in the birth canal, doctors will make use of force to pull it out. This could cause damage or stretch the nerves of the neck of the child. This kind of birth trauma, also referred to as shoulder dystocia is the primary cause of Erb's Palsy. It is the most frequent cause of permanent paralysis for newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws, known as statutes that restrict the time a family can file a lawsuit after an error in medical care results in injury, like Erb's Palsy. However lawyers can help to file an Erb's psy lawsuit even after this window has closed. Your lawyer will work with your family to determine if your child's injury was the result of medical malpractice. They will employ medical professionals who will evaluate the medical records of your child and offer their opinion. This is known as establishing the standard of care that is applicable to your case.

Erb's Palsy is a kind of brachial plexus syndrome that affects the sensory and movement in your child's arm. The condition occurs when the brachialplexus's nerves are injured during the birth. In cases of shoulder dystocia it is usually caused by medical staff using excessive pressure to deliver the baby. This can compress, stretch or tear the neck nerves.

Children with Erb's syndrome require regular rehabilitation and physiotherapy. They also may need to acquire adaptive equipment for their homes. Compensation granted by a court can help the family cover these costs.