How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to fulfill their duties of care that results in injury or worsening an existing condition. Erb's palsy cases aren't any different.

Filing a successful claim can be a way to compensate families for their child's brachial plexus injury. It can also bring the feeling of closure for the entire family.

What is an Erb's palsy Claim?

Erb's Palsy can cause young people to lose strength in their arms. The condition can affect their ability to move, hold objects with their hand and use their fingers. In most cases, a young person is required to undergo physical therapy as well as undergo other surgical procedures to improve their mobility.

This is a condition that occurs when the baby's neck and shoulders are stretched beyond the normal in difficult births. It can result in nerve injury to the brachialplexus, which is a network of primary nerves that runs from the baby's head to the arm and hand.

This happens when midwives or doctors are too firm on a child's head during delivery especially if the child is in the breech position. It can also happen when a medical professional applies excessive force using vacuum extractors or forceps stretching the neck of a newborn. Erb's palsy claims can assist families get compensation to cover the costs of treatment. Most of these cases are settled out of court, which avoids long trial processes.

How do I file an Erb's Palsy claim?

You may be eligible for compensation If your child was identified with Erb’s palsy by the medical professionals involved in their birth. A legal claim could help you pay for your child's medical treatment as well as any adaptive equipment needed for therapy, and education in the future.

Erb's Palsy happens when the muscles or nerves in your child's shoulders are damaged or stretched during delivery or labor. This injury can be caused by a variety of reasons, including a lengthy, complex labor or delivery, an induction, baby who is too large or breech, or complications after the birth of a previous baby.

Your legal team will gather evidence from medical records, and other sources to back your claim when you make a claim for Erb's Palsy. They will then try to reach a settlement with the defendants in the case. Both sides will receive a settlement and the case will be closed. If a settlement cannot be reached, the case may be brought to trial. The jury will hear both sides and decide whether they were responsible for the harm suffered by your child.

What is the Statute of Limitations in erb's palsy attorneys Palsy Cases?

You could be awarded compensation that will change your life, irrespective of the fact that your child's brachial plexus was disabled due to an injury from Erb's Palsy or another birth injury. The lawyer you hire can sue health professionals who caused the child's injury and hold them accountable for their medical negligence.

Nurses and doctors have obligations to uphold a high standard of care during the process of giving birth. If they fail to follow this standard they could inflict injuries. If your child was injured by an injury from Erb's Palsy it could have been prevented.

An experienced lawyer can conduct an extensive investigation and discover evidence of the negligence. They may also be able to negotiate directly with the lawyers of the party responsible to avoid a trial and receive the compensation they can. Compensation can cover the costs of your child's therapy, medical care and adaptive equipment as well as rehabilitation. Compensation can also cover lost wages, if you or someone in your family needed to take time off from work to take care of your children. The statute of limitations or the time limit to file a lawsuit, differs by state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney who has the legal knowledge to know the medical aspects involved in these cases and determination to take on insurance companies that deny victims the compensation they are entitled to. Our Brooklyn Erb’s Palsy attorneys have both of these qualities and can provide a thorough analysis of the case in the event that families suspect their child suffered a reversible birth injury.

Erb's Palsy is an injury to the brachial plexus, which affects the upper and lower shoulders as well as the upper arms. Most often, it's caused by a trauma in birth and can result in weakness or paralysis in one arm. Many infants who suffer from the condition are unable to crawl or lift their weight.

This kind of birth injury occurs typically when a breech or difficult birth occurs. When a baby is stuck in the birth canal, medical professionals must use force to help them out which may stretch or damage the nerves in the neck of the child. This kind of birth trauma is referred to as shoulder dystocia and is the most common cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis in newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws in place that are known as statutes of limitations which limit the length of time families are able to pursue legal action after a medical error causes an injury similar to Erb's palsy. However, a lawyer can help you file an Erb's Palsy lawsuit even if this time frame is over. Your attorney will work with your family members to determine if the injury of your child resulted from medical negligence. They will hire medical professionals who will look over your child's records and give their opinion. This is known as setting the standard of care applicable to your case.

Erb's Palsy is a kind of brachial plexus palsy that affects the sensory and movement in your child's arm. This is caused when the brachialplexus' nerves are injured during the birth. Shoulder dystocia is a common occurrence. it is usually caused by medical personnel applying excessive pressure when delivering the baby. This can cause compression and stretch, or even tear neck nerves.

Children with Erb's Palsy require ongoing rehabilitation and physical therapy. They may also require purchase adaptive equipment for their home. Compensation granted by a court can help your family to pay for these expenses.