How to File an Erb's Palsy Claim

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

The filing of a successful claim could provide families with compensation for their child's brachial plexus injury. It can also provide the feeling of closure for the entire family.

What is Erb's Palsy Claim?

Erb's palsy is a birth defect that can leave young people with weakness in one or both arms. The condition can also alter how they move, hold objects in their hands and use their fingers. Most often, a child may require physical therapy and other surgical procedures to improve their mobility.

This happens when the neck of the infant or shoulders are stretched beyond the normal during difficult births. It can result in nerve damage to the brachial-plexus, a network comprised of five nerves which connect the baby's neck down to the arm and hand controlling movement and sensation.

It can be caused by doctors or midwives pushing too hard on the head during a delivery particularly when a baby is in an Breech position. It could also happen when medical professionals use forceps or a vacuum extractor, and applies excessive pressure, stretching the neck of the newborn. Erb's palsy claims can assist families get compensation to cover the costs of treatment. A majority of these cases are settled outside of court, avoiding lengthy trial proceedings.

How do I File an Erb's Claim?

If your child has been diagnosed with Erb's Palsy, you may be entitled to compensation from the medical professionals who were involved in the birth of your child. You can make a claim to pay for the medical treatment of your child, adaptive equipment, therapy and even future education.

Erb's palsy is a condition that occurs when the muscles or nerves of your child's shoulders are stretched or damaged during labor or delivery. This injury can result from a variety of factors, including a long, complicated labor, an induction, a large or breech baby or complications after a previous birth.

Your legal team will gather evidence from medical records and other sources, to support your claim when you file a lawsuit for Erb's Palsy. They will then attempt to negotiate a settlement agreement with the defendants in the case. Both sides will be awarded an agreement and the case will be closed. If a settlement is not feasible your case will go to trial. The jury will be able to hear both sides' arguments before deciding the person responsible for the injuries your child sustained.

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

Whether your child's brachial plexus was paralysed as the result of an Erb's palsy injury or another type of birth injury, you can get legal justice and life-changing compensation. Your lawyer can hold health care professionals accountable for their negligence in causing the injury to your child.

Nurses and doctors have obligations to uphold the highest standards of medical care during the delivery. If they fail to adhere to this, they can cause injuries. It is possible to stop Erb's syndrome in your child.

An experienced lawyer will be able to conduct an exhaustive investigation to discover evidence of negligence. They can also directly negotiate with the attorneys of the party at fault to avoid a trial and receive compensation as fast as they can. The compensation you receive can help cover the cost of your child's rehabilitation, medical treatment and essential adaptive equipment and therapy costs. Compensation may also help cover the loss of wages, if you or your family member required time off from work to care for your children. The time period for filing a lawsuit or deadline for filing lawsuits, is different for each 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 knowledge and perseverance necessary to fight insurance companies that refuse to pay 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 parents who suspect their child has suffered an avoidable birth injury.

Erb's palsy is an injury to the brachial muscle that affects the shoulders and upper arms. It is usually caused by a trauma in birth and can result in weakness or paralysis in one arm. Many infants suffering from this condition have trouble lifting their weight or Erb's Palsy lawyers even crawling.

This type of birth injury usually occurs during difficult or breech deliveries. If a baby becomes stuck in the birth canal doctors have to apply force to push it out. This could cause damage or strain the nerves of the child's neck. This kind of birth trauma is known as shoulder dystocia and is the leading cause of Erb's Palsy. It is the most common cause for permanent paralysis of newborns.

What can Erb's Palsy Lawyers help me?

There are laws, also known as statutes which limit the time a family can file a lawsuit when a medical mistake results in injury, like Erb's Palsy. A lawyer can still help you file a lawsuit against Erb's Palsy, even if the statute of limitations has expired. Your lawyer will work closely with you and your family to determine whether your child's injury is due to negligence in the medical field. They will employ medical professionals to look over the medical records of your child and provide their opinion. This is known as establishing the appropriate standards of care for your situation.

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

Children suffering from Erb's palsy need regular rehabilitation and physical therapy. They may also require acquire adaptive equipment for their home. The compensation awarded by a court can help the family pay for these costs.