How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors do not fulfill their duty of care that results in injury or worsening an existing condition. Erb's Palsy cases are not any different.

A successful claim can provide families with compensation for their child's recurrable brachial plexus injury. It also can bring the feeling of closure for the family.

What is Erb's palsy claim?

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

The condition occurs when an infant's shoulders and neck are stretched beyond what they are supposed to be during births that are difficult. It could result in nerve damage to the brachial-plexus, a network of five nerves primary that are located from the neck of the infant down to the hand and arm controlling movement and sensation.

This can happen when midwives or doctors are too firm on the head of a newborn during birth, especially if the child is in the 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 obtain compensation to pay the costs of treatment. A majority of these cases settle out of court to avoid lengthy trial procedures.

How Do I File an Erb's Claim?

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

Erb's palsy occurs when the tendons and nerves in your child's shoulder are stretched or Erb's palsy lawyer damaged during labor or delivery. The injury could be caused by a variety of factors, including a prolonged, complicated labor or delivery, an induction, large or breech baby, or complications following a previous birth.

When you file an Erb's Palsy lawsuit and your legal team will collect evidence from medical records and other sources to support your claim. They will then try to negotiate a settlement agreement with the defendants in the case. Both sides will receive a settlement and the case will be closed. If a settlement isn't feasible your case will be sent to trial. The jury will listen to both sides' arguments and determine who was responsible for your child's injury.

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

If your child's plexus brachial was paralyzed as a 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 sue the health care professionals responsible for the child's injury and make them accountable for their medical negligence.

Doctors and Erb's palsy lawyer nurses have obligations to uphold an extremely high standard of care during the delivery. If they fail to adhere to this, they can 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 directly negotiate with the lawyers of the person responsible to avoid a court trial and seek compensation as quickly as they can. Compensation may cover the cost of your child's therapy, medical treatment as well as adaptive equipment and rehabilitation. Compensation can also be used to cover lost wages if you or your family member had to take time away from work to take care of your children. The statute of limitations or the deadline for filing lawsuits, varies by state.

How do I pick an Erb's Palsy lawyer?

To be successful in an Erb's Palsy case, you need an attorney with the legal knowledge and perseverance necessary to challenge insurance companies who refuse to compensate victims for the damages they are entitled to. Our Brooklyn erb's palsy lawyers Palsy attorneys possess both of these attributes, and can provide a thorough analysis of the case for families who suspect that their child may have suffered a preventable birth injury.

Erb's Palsy is a kind of brachial plexus injury which affects the upper arms and shoulders. It is typically resulted from trauma during delivery and can lead to weakness or even paralysis of one arm. Many infants suffering from this condition are unable to lift their body weight or even crawling.

This kind of birth injury usually occurs in breech births that are difficult or painful. If a baby is trapped in the birth canal, medical professionals must exert pressure to free them which can stretch or damage nerves in the child's neck. This kind of birth trauma is referred to as shoulder dystocia and is the leading cause of the Erb's condition. It is also the most frequent cause of permanent paralysis in newborns.

How Can Erb's Palsy Lawyers help me?

There are laws, also known as statutes which limit the time families can file a lawsuit after a medical mistake causes an injury such as Erb's palsy. An attorney can help you file a lawsuit against Erb's palsy even after 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 on the part of a medical professional. They will engage medical professionals who will evaluate your child's records and give their opinion. This is known as establishing the applicable standards of care for your situation.

Erb's Palsy is one type of brachial plexus palsy. It affects your child's movements and sensory responses. This is caused when the nerves of the brachialplexus are damaged during birth. It is often due to medical staff using excessive force to deliver the baby in cases of shoulder dystocia which can result in compression, stretching or tear neck nerves.

Children with Erb’s palsy need ongoing rehabilitation and physiotherapy. They also may need to purchase adaptive equipment for their home. The compensation awarded by a court could help your family cover these costs.