How to File an Erb's Palsy Claim

Medical negligence is when doctors fail to meet their duties of care that results in injuries or worsening of an existing condition. Erb's Palsy cases aren't any different.

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

What is an Erb's Palsy Claim?

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

The condition can occur when the shoulders and neck are stretched over and above what they should be during births that are difficult. It could result in nerve damage to the brachial area, vimeo a network of five nerves primary that run from the baby's neck down to the arm and hand which control movement and sensation.

It can be caused by doctors or midwives pushing too hard on the head during a birth or when a child is in the Breech position. It can also happen when a medical professional applies too much force using vacuum extractors or forceps, pushing the neck of the newborn. Erb's palsy claims can assist families get compensation to cover the costs of treatment. Most of these cases are settled out of court, avoiding lengthy trial procedures.

How Do I File an Erb's Claim?

You may be entitled to compensation if your child was diagnosed with the condition Erb's palsy by medical experts involved in their birth. A legal claim can help you pay for the medical care of your child as well as the necessary adaptive equipment therapy, and education in the future.

Erb's syndrome is caused by the tendons and nerves in the shoulder of your child are stretched or damaged during the birth or during labor. The injury could be caused by several factors, such as a long, complicated labor or induction, a large or breech baby, or complications following previous births.

If you file an Erb's palsy lawsuit the legal team will gather evidence from medical records and other sources to prove your claim. They will then attempt to reach a settlement with the defendants in the case. Both sides will be awarded a settlement and the case will be closed. If a settlement cannot be reached, your case may be heard in court. The jury will listen to 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 paralysed due to an Erb's Palsy injury or another birth injury. Your lawyer will hold health care professionals accountable for their negligence in causing the injury to your child.

Doctors and nurses must maintain a high level of care when giving birth to babies. If they fail to do so they could cause injuries. It is possible to stop Erb's Palsy in your child.

An experienced lawyer can conduct an extensive examination and find evidence of the negligence. They can also negotiate directly with the attorneys of the party responsible to avoid a trial and receive compensation as fast as they can. Compensation can help pay for the cost of your child's medical treatment, rehabilitation, essential adaptive equipment, Vimeo and therapy expenses. Compensation can also pay for lost wages if a family member has to leave work to care for your child. The statute of limitations or the deadline to file a lawsuit, is different per state.

How do I select an Erb's Palsy lawyer?

To be successful in an Erb's Palsy case, you need an attorney with the legal knowledge and perseverance required to battle insurance companies who refuse to pay victims the money they are entitled to. Our Brooklyn Erb’s Palsy attorneys possess both of these attributes, and will provide a thorough overview of the case in the event that families suspect their child has suffered a preventable birth injury.

Erb's palsy is a form of brachial plexus injury that affects the upper arms and shoulders. It is usually result of a trauma that occurs during childbirth and can cause weakness or paralysis in one arm. Most infants with this condition are unable to lift their body weight or even crawling.

This kind of birth injury usually occurs when breech or difficult deliveries. If a baby becomes stuck in the birth canal doctors must 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 is referred to as shoulder dystocia and is the primary cause of the Erb's condition. It is the most frequent cause of permanent paralysis for newborns.

What can Erb's Palsy Lawyers assist me?

There are laws in force, called statutes of limitations which limit how long families are allowed to file legal actions following a medical mistake that causes an injury similar to Erb's palsy. However, a lawyer can help you file an Erb's palsy lawsuit even after the time limit has expired. Your attorney will work with your family to determine if the injury suffered by your child was caused by medical malpractice. They will hire medical professionals to review your child's medical records and give their opinion. This is known as setting the standard of care for your case.

Erb's Palsy is a kind of brachial plexus ailment that affects the movement and sensory responses in your child's arm. The condition occurs when the brachialplexus' nerves are injured during birth. It is most often caused by medical personnel using excessive force to deliver the baby in cases of shoulder dystocia which can cause compression, stretch, or tear the nerves in the neck.

Children suffering from Erb's palsy need regular rehabilitation and physical therapy. They also may need to get adaptive equipment for their homes. Compensation granted by a court can help the family with these costs.