How to File an Erb's Palsy Claim

Medical negligence occurs when a physician does not perform their duty of treating you with care, resulting to injury or an existing health condition that is getting worse. Erb's cases of palsy are not different.

Families can seek compensation for an injury to the brachial nerve which could have been prevented. It can also provide closure for the family.

What is an Erb's palsy Claim?

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

The condition is caused when the shoulders and neck are straining over and above what they should be in difficult births. It can cause nerve damage to the brachial nerve the brachial plexus, a network of five nerves primary that are located from the neck of the infant down to the arm and hand, managing movement and feeling.

This can happen when midwives or doctors pull too hard on the child's head during birth particularly if the child is in the breech position. It could also occur when a medical professional applies too much force with vacuum extractors or forceps stretching the neck of the newborn. Families can seek compensation for the costs of treatment by filing Erb's-Palsy claims. Most of these cases are settled out 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 by the medical professionals involved in their birth. You can make a legal claim to cover your child’s medical care and adaptive equipment, therapy as well as future education.

Erb's Palsy occurs when the nerves or tendons of your child's shoulders are damaged or stretched during labor or delivery. The injury could result from various causes, such as a long or complicated labor, an uninvolved labor, a big baby, a breech presentation or complications from an earlier birth.

Your legal team will gather evidence from medical records, and other sources to back your claim when you start a lawsuit for Erb's Palsy. Then, they'll attempt to negotiate a settlement with the defendants. Both sides will be awarded a settlement and the case will be closed. If a settlement isn't feasible your case will be sent to trial. The jury will consider both sides and determine if they were at fault for the harm suffered by your child.

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

If your child's plexus brachial was paralysed as the result of an Erb's palsy injury or another birth injury, you are able to claim legal recourse and life-changing compensation. Your lawyer can hold the medical professionals accountable for their negligence in causing your child's injury.

Nurses and doctors have a duty to adhere to the highest standards of medical care during the process of giving birth. If they fail to adhere to this they could cause injuries. If your child was injured by an Erb's palsy injury the injury could have been avoided.

An experienced lawyer can conduct a thorough investigation and find evidence of negligence. They can also directly negotiate with the attorneys of the party who is at fault to avoid a trial and get compensation as soon as they can. Compensation may cover the cost of your child's medical treatment, therapy and adaptive equipment as well as rehabilitation. Compensation can also be used to pay for lost wages if a family member has to take time off work to care for your child. The statute of limitations or the time limit for filing a lawsuit, varies by state.

How do I choose an Erb's Palsy Lawyer?

To be successful in an Erb's Palsy case, you'll need a lawyer who has the legal knowledge and perseverance required to battle insurance companies who refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these skills and can provide a thorough review of the case for families that suspect their child suffered a preventable birth injury.

Erb's Palsy refers to an injury to the brachial nerve that affects the shoulders and erb's palsy upper arms. It is usually caused by trauma during delivery and can result in weakness or even paralysis of one arm. Most infants with the condition have difficulty crawling or lifting their weight.

This kind of birth injury happens most often during difficult or breech delivery. When a baby gets stuck in the birthing canal doctors have to use force to get it out. This could cause damage or stretch the nerves in the neck of the child. This kind of birth trauma, also known as shoulder dystocia is the primary cause of Erb's syndrome. It is the most prevalent cause of permanent paralysis for newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws, known as statutes, that limit how long families is allowed to file a lawsuit if an medical error causes an injury such as Erb's palsy. However an attorney can assist you file an Erb's-related lawsuit even if this time frame has expired. Your attorney will work closely with your family to determine whether your child's injuries are caused by medical negligence. They will recruit medical experts to examine your child's medical records and provide their opinion. This is referred to as establishing the appropriate standards of care for your case.

Erb's palsy is a type of brachial plexus ailment that affects the movement and sensory response in your child's arm. The cause is an injury to the nerves in the brachial area during birth. It is most often due to medical staff using excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch or tear neck nerves.

Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They may also need to acquire adaptive equipment for their homes. The compensation that is awarded by the court could help your family and you pay these expenses.