How to File an Erb's Palsy Claim

Medical malpractice is when a physician is negligent in their duty of care to you, leading to injury or a condition becoming worse. Erb's palsy cases aren't any different.

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

What is an Erb's Palsy Claim?

Erb's palsy is a birth injury that can cause young people to develop weakening in one or both arms. The condition can also affect how they move, use their fingers and hold objects with their hands. A person in their early years may need to undergo physiotherapy or surgical procedures to improve their mobility.

This condition occurs when the infant's neck or shoulders are stretched beyond what is normal during births that are difficult. It could cause nerve damage to the brachial-plexus the brachial plexus, a network comprised of five nerves which connect the baby's neck down to the hand and arm which control movement and sensation.

This can happen when midwives or doctors push too hard on a child's head during delivery, especially if the child is in the breech position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, which causes stretching of the newborn's neck. Families can recover compensation for the expense of treatment by filing Erb's palsy claims. Most of these cases are settled out of court, thus avoiding lengthy trial proceedings.

How do I file an Erb's palsy claim?

If your child has been diagnosed with Erb's syndrome, you could be entitled compensation from the medical professionals involved in their child's birth. You can use a legal claim to pay for your child’s medical care, adaptive equipment, therapy as well as future education.

Erb's Palsy happens when the muscles or nerves in your child's shoulders are stretched or damaged during delivery or labor. The cause of this condition can be various factors, including a prolonged or complicated labor, induced labor, a large baby, a breech presentation or complications from an earlier delivery.

When you file an Erb's palsy lawsuit the legal team will collect evidence from medical records and other sources to prove your claim. They will then try to negotiate a settlement agreement with the defendants in the case. In the event of a settlement, both parties will receive a payment and the case will come to an end. If a settlement is not possible your case will be sent to trial. The jury will hear both sides and decide whether they are at fault for the harm suffered by your child.

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

You could be awarded compensation that will change your life, regardless of whether your child's brachial-plexus is paralysed due to an injury from Erb's Palsy or any other type of birth injury. Your lawyer will hold health care professionals accountable for their negligence in causing the injury to your child.

Nurses and doctors must maintain a high level of care when they deliver babies. They can cause injuries if they fail to do so. It is possible to prevent Erb's palsy in your child.

A seasoned lawyer will be able to conduct an exhaustive investigation to identify evidence of negligence. They can also bargain with the at-fault party's lawyers to avoid trial and secure the maximum amount of compensation as quickly as is possible. Getting compensation can help cover the costs of your child's medical and rehabilitation and equipment for adaptive use, and therapy expenses. Compensation can also compensate for lost wages if you or one of your family members required time off from work to take care of your children. The statute of limitations or the deadline to file lawsuits, differs by state.

How do I choose an Erb's Palsy Lawyer?

To be successful in an Erb's Palsy case, you require a lawyer who has the legal expertise and tenacity required to take on insurance companies who refuse to pay victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these skills and can offer a thorough case review for families that suspect their child suffered a preventable birth injury.

Erb's palsy is a type of brachial plexus injury which affects the upper arms and Erb's palsy lawyer shoulders. It is typically result of a trauma that occurs during birth and can result in weakness or paralysis in one arm. The majority of infants suffering from this condition have difficulty lifting their body weight or even crawling.

This type of birth injury typically occurs during breech or difficult births. If a baby is stuck in the birthing canal doctors will make use of force to pull it out. This could cause damage or stretch the nerves in the child's neck. This type of birth trauma, also known as shoulder dystocia, is the primary cause of Erb's syndrome. It is also the most common cause of permanent paralysis among newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in place that are known as statutes of limitations which limit the time families are allowed to file legal actions after a medical error causes an injury similar to Erb's palsy. A lawyer can still help you file a lawsuit for Erb's Palsy even if the statute of limitations has expired. Your attorney will work closely with your family to determine whether your child's injury is due to negligence in the medical field. They will employ medical professionals to evaluate your child's medical records and offer their opinions. This is referred to as establishing the appropriate standard of care for your situation.

Erb's Palsy is a kind of brachial plexus syndrome that affects the sensory and movement in your child's arm. This condition is caused by an injury to the nerves within the brachial plexus during birth. In cases of shoulder dystocia it is usually caused by medical personnel applying excessive pressure to deliver the baby. This may compress, stretch or tear the neck nerves.

Children with Erb's syndrome require ongoing rehabilitation and physical therapy. They may also require acquire adaptive equipment for their home. Compensation awarded by a court can help your family pay for these costs.