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. The cases involving Erb's palsy are no different.

A successful claim can award families compensation for their child's preventable brachial plexus injury. It could also provide a sense of closure for the entire family.

What is Erb's palsy claim?

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

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

It could be caused by doctors or midwives pushing too hard on the head during a labor, especially when a child is in a Breech position. It could also occur when a medical professional applies excessive force using vacuum extractors or forceps pulling the neck of the newborn. Families can recover compensation for the expense of treatment by filing Erb's Palsy claims. The majority of these cases are settled outside of court, which avoids lengthy trial procedures.

How do I file an Erb's palsy claim?

You may be entitled to compensation in the event that your child was diagnosed with the condition Erb's palsy by medical experts involved in their birth. You can make a legal claim to cover your child's medical treatment or therapy equipment, adaptive equipment, and even future education.

Erb's palsy occurs when the nerves and tendons of your child's shoulder are stretched or damaged during labor or delivery. The injury could be caused by several factors, such as a long, complicated labor or delivery, an induction, large or breech baby or complications after a previous birth.

When you file an Erb's-Palsy lawsuit the legal team will collect evidence from medical records and other sources to prove your claim. Then, they will try to negotiate a settlement with the defendants. Both sides will be awarded an agreement, and the case will be closed. If a settlement is not reached, your case will be heard in court. The jury will hear both sides and decide whether they are at fault for the injury suffered by your child.

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

You could be awarded compensation that will alter your life, regardless of whether your child's plexus brachial was affected by an Erb's Palsy injury or any other type of birth injury. Your lawyer can seek to pursue the health professionals who caused your child's injuries to be held accountable for their medical negligence.

Doctors and nurses are bound by a duty to adhere to an extremely high standard of care during delivery. If they do not adhere to this they may cause injuries. It is possible to stop Erb's palsy in your child.

A skilled lawyer can conduct an exhaustive investigation to find evidence of negligence. They can also negotiate with the responsible party's attorneys to avoid trial and secure the maximum amount of compensation as quickly as is possible. Compensation may cover the cost of your child's therapy, medical treatment, adaptive equipment and rehabilitation. Compensation can also cover lost earnings if you or someone in your family had to take time away from work to care for your children. The statute of limitations or the time limit 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 be aware of the medical issues involved in these cases as well as the determination to take on insurance companies who deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can provide a thorough review of the case for families who suspect that their child has suffered a birth injury that could have been prevented.

Erb's palsy is a form of brachial plexus injuries that affects the upper arms and shoulders. It is often caused by trauma during delivery and can lead to weakness or even paralysis of one arm. Many infants who suffer from the condition struggle to crawl or lift their weight.

This type of birth injury happens usually during breech or difficult delivery. If a baby becomes stuck in the birth canal medical professionals must exert force to help them out which may cause damage or stretching of the nerves in the child's neck. This type of birth trauma is referred to as shoulder dystocia and is the most common cause of Erb's syndrome. It is also the most common cause of permanent paralysis in 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 can pursue legal action after a medical mishap causes an injury similar to erb's palsy attorney palsy. A lawyer can still help you file a lawsuit for Erb's Palsy, even if the statute of limitations has run out. Your lawyer will work closely with your family to determine if your child's injury is caused by negligence in the medical field. They will engage medical professionals who will look over the records of your child and provide their opinion. This is known as setting the standard of care for your particular situation.

Erb's Palsy is one type of brachial plexus palsy. It affects your child's movements and sensory responses. This condition is caused by the brachialplexus's nerves are injured during birth. It is often caused by medical staff applying excessive force to deliver the baby in cases of shoulder dystocia which can cause swelling, stretch or tear nerves in the neck.

Children with Erb's Palsy require regular rehabilitation and physiotherapy. They may also need to acquire adaptive equipment for their home. The compensation a judge awards will help your family cover these costs.