How to File an Erb's Palsy Claim

Medical malpractice is when doctors fail to fulfill their obligations to patients which results in injury or worsening of an existing condition. Erb's palsy cases are no different.

Families can receive compensation for an injury to the brachial plexus which could have been prevented. It also can bring an emotional sense of closure to the 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 affect how they walk, use their hands and hold objects in their hands. In most cases, a young person will need to undergo physical therapy as well as undergo other surgical procedures to improve their mobility.

The condition develops when the shoulders and Erb's palsy neck are straining over what they ought to be in difficult births. It could result in nerve damage to the brachial nerve which is a system comprised of five nerves which run from the baby's neck down to the arm and hand controlling movement and sensation.

This happens when doctors or midwives pull too hard on a child's head during delivery particularly if the child is in the breech position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, stretching the newborn's neck. Families can recover compensation for the cost of treatment by filing Erb's Palsy claims. Most of these cases are settled out of court, avoiding lengthy trial procedures.

How do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's palsy, you could be entitled to compensation from the medical professionals involved in their child's birth. You can use a legal claim to pay for your child's medical care and therapy equipment, adaptive equipment and even future education.

Erb's palsy is caused when the nerves and tendons in the shoulder of your child become stretched or damaged during labor or delivery. The injury could be caused by several factors, such as a long, complicated labor or an induction, a larger or breech infant, or complications following previous births.

If you file an Erb's palsy lawsuit, your legal team will gather evidence from medical records and other sources to back your claim. They will then attempt to reach a deal with the defendants in the case. In an agreement, both sides will receive a cash settlement and the case will come to an end. If a settlement cannot be reached, your case will be heard in court. The jury will listen to both sides' arguments and decide who was at fault for the child's injuries.

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

You can get compensation that can change your life, irrespective of whether your child's brachial-plexus was crippled due to an Erb's Palsy injury or another birth injury. Your lawyer can seek to pursue the health care professionals responsible for the injury of your child to make them accountable for their medical negligence.

Doctors and nurses have obligations to uphold a high standard of care during the process of giving birth. If they do not adhere to this, they can cause injuries. If your child sustained an Erb's palsy injury, it could have been prevented.

A skilled lawyer can conduct an extensive investigation and uncover evidence of the negligence. They can also bargain with the at-fault party's lawyers to avoid trial and secure the compensation as quickly as they can. Compensation can cover the costs of your child's therapy, medical care, adaptive equipment and rehabilitation. Compensation can also cover lost wages if you or Erb's Palsy another family member had to take time off work to take care of your child. The statute of limitations, or deadline to file a lawsuit, differs by state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer with the legal expertise to understand the medical aspects involved in these cases and the determination to challenge insurance companies who deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and are able to offer a thorough case review for families who suspect that their child may have suffered a birth injury that could have been prevented.

Erb's palsy is an injury to the brachial muscle that affects upper arms and shoulders. It is usually caused by trauma during birth, and can lead to weakness or paralysis in one arm. Most infants with this condition have trouble lifting their weight or even crawling.

This type of birth injury occurs most often during breech or difficult delivery. If a baby becomes stuck in the birth canal medical professionals must exert the force necessary to free them and cause damage or stretching of the nerves that run through the neck of the infant. This kind of birth trauma is referred to as shoulder dystocia, and is the most common cause of Erb's palsy. It is also the most common cause of permanent paralysis among newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws in force called statutes of limitation which limit the time families can take legal action following a medical mistake that causes an injury like Erb's palsy. However an attorney can assist you file an Erb's palsy lawsuit even if this time frame has passed. Your lawyer will work with your family to determine if the injury suffered by your child was caused by medical negligence. They will employ medical professionals to look over your child's medical records and offer their opinions. This is known as establishing the applicable standard of care for your situation.

Erb's Palsy is one type of brachial-plexus aplasia. It affects your child's movements and sensory responses. The cause is an injury to the nerves within the brachial nerve during the birth. Shoulder dystocia is a common occurrence. it is typically caused by medical personnel applying excessive pressure when delivering the baby. This can compress and stretch or tear the neck nerves.

Children with Erb's palsy require continuous rehabilitation and physical therapy. They may also require obtain adaptive equipment for their home. Compensation awarded by a court can help your family cover these costs.