How to File an Erb's Palsy Claim

Medical negligence occurs when doctors fail to meet their duty of care and cause injuries or worsening of an existing condition. Erb's palsy cases are no different.

Families can receive compensation for an injury to the brachial nerve that was preventable. It also provides closure for the entire family.

What is Erb's Palsy Claim?

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

The condition can occur when the shoulders and neck are stretched over what they ought to be during births that are difficult. It can cause nerve damage to the brachial plexus which is a network comprised of five nerves which are located from the neck of the infant down to the hand and arm which control movement and sensation.

It can be caused by midwives or doctors pulling too hard on the head during a birth particularly when a baby is in a forward position. It can also happen when a medical professional uses too much force using vacuum extractors or forceps pulling the neck of the newborn. Families can recover compensation for the costs of treatment by filing Erb's Palsy claims. Most of these cases are settled out of court, thus avoiding long trial processes.

How Do I File an Erb's Palsy Claim?

If your child was diagnosed with Erb's palsy, you may be eligible for compensation from the medical professionals involved in the birth of your child. You can make a legal claim to pay for your child's medical treatment as well as therapy equipment, adaptive equipment and future education.

Erb's Palsy happens when the muscles or nerves in your child's shoulders are damaged or stretched during delivery or labor. The injury could result from various reasons, Erb's Palsy such as a lengthy or complicated labor, an inducing labor, a large baby, breech presentation or complications from an earlier birth.

When you file an Erb's palsy lawsuit, your legal team will collect evidence from medical records as well as other sources to support your claim. They will then attempt to negotiate a settlement with the defendants in the case. Both sides will receive an agreement and the case will be closed. If a settlement isn't feasible the case will go to trial. The jury will be able to hear both sides' arguments and then decide who is responsible for the injury your child sustained.

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

You could receive an amount of money that can transform your life, no matter whether your child's brachial-plexus was paralysed due to an Erb's Palsy injury or any other type of birth injury. Your lawyer can sue the health care professionals responsible for the child's injury and make them accountable for their medical negligence.

Nurses and doctors must maintain an excellent level of care during the birth of babies. They could cause injuries if they don't. If your child sustained an Erb's palsy injury it could have been avoided.

An experienced lawyer will be able conduct an exhaustive investigation to identify evidence of negligence. They can also bargain with the at-fault party's attorneys to avoid a trial and get compensation as quickly as possible. Getting compensation can help cover the cost of your child's rehabilitation, medical treatment, essential adaptive equipment, and therapy expenses. Compensation may also cover lost wages if you or another family member has had to leave to care for your child. The time-limit or deadline for filing a lawsuit, is different per state.

How do I choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney with the legal expertise to know the medical issues that arise in these cases, as well as the determination to fight insurance companies that deny victims compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can provide a thorough case review for families that suspect their child may have suffered a preventable birth injury.

Erb's Palsy is a traumatic injury to the brachial plexus, which affects the upper and lower shoulders as well as the upper arms. Most often, it is caused by a trauma in childbirth, and can cause weakness or paralysis in one arm. Most infants with this condition are unable to lift their body weight or crawling.

This kind of birth injury is seen usually during difficult or breech delivery. If a baby becomes stuck in the birth canal doctors will use force to get it out. This can cause damage or stretch the nerves of the neck of the baby. This kind of birth trauma is referred to as shoulder dystocia, and is the leading cause of Erb's palsy. It is the leading cause of permanent paralysis in newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in force, called statutes of limitations, that restrict how long families can pursue legal action when a medical error results in an injury like Erb's palsy. However an attorney can assist you file an Erb's palsy lawsuit even after the time limit has closed. Your lawyer will work closely with you and your family to determine if your child's injury is caused by negligence in the medical field. They will hire medical professionals who will look over the medical records of your child and offer 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 movement and sensory responses. The condition occurs when the nerves of the brachialplexus are injured during birth. Shoulder dystocia is a common occurrence. it is usually caused by the medical staff applying excessive pressure when delivering the baby. This can cause compression or stretch the neck nerves.

Children with Erb's palsy require ongoing rehabilitation and physical therapy. Additionally, they may require adaptive equipment for their homes. The compensation granted by the court can aid your family and you pay these expenses.