How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor is negligent in their duty of care to you, leading to injury or an existing condition becoming worse. Erb's palsy cases are no different.

If a claim is successful, it can award families compensation for their child's preventable brachial plexus injury. It can also provide peace for the family.

What is an 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 move around, 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 the shoulders and neck are strained beyond what they should be during difficult births. It can cause nerve damage to the brachial area which is a system of five nerves primary that are located from the neck of the infant down to the arm and hand which control movement and sensation.

It can be caused by midwives or doctors pushing too hard on the head during the delivery particularly when a baby is in an forward position. It can also happen when a medical professional uses excessive force with vacuum extractors or forceps pulling the neck of the newborn. Erb's palsy claims can help families receive compensation to pay the cost of treatment. The majority of these cases are settled out of court, 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 entitled to compensation from the medical professionals who were involved in the birth of your child. A legal claim can help you pay for your child's medical care and adaptive equipment that is required for therapy, and future education.

Erb's palsy is caused when the nerves and tendons of your child's shoulder become stretched or damaged during the birth or during labor. The injury could result from a variety of factors, including long, complicated labor or delivery, an induction, large or breech baby, or complications following previous births.

When you file an Erb's palsy lawsuit and your legal team will gather evidence from medical records as well as other sources to support your claim. They will then try to negotiate a settlement with the defendants. Both sides will be awarded a settlement and the case will be closed. If a settlement is not reached, the case may be brought to trial. The jury will hear both sides' arguments before deciding the person responsible for the injury your child sustained.

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

If your child's brachial nerve was paralyzed as a result of an Erb's palsy injury or another type of birth injury, it is possible to obtain legal justice and life-changing compensation. Your lawyer can seek to pursue the medical professionals responsible for your child's injury to hold them accountable for their medical negligence.

Nurses and doctors must maintain the highest standards of care when delivering babies. They can cause injuries if they fail to do so. If your child has suffered an Erb's palsy injury it could have been avoided.

A skilled lawyer will be able conduct a thorough investigation in order to find evidence of negligence. They may also be able to negotiate directly with the lawyers of the person responsible to avoid a trial and receive compensation as soon as they can. Getting compensation can help cover the cost of your child's medical treatment, rehabilitation as well as the essential adaptive equipment and therapy costs. Compensation can also be used to pay for lost wages if you or another family member has had to leave to care for your child. The statute of limitations, or deadline to file an action, is different for each state.

How do I Select an Erb's Palsy Lawyer?

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

Erb's palsy is a type of brachial plexus injury that affects the upper arms as well as shoulders. It is usually caused by trauma during birth and can cause weakness or even paralysis of one arm. Most infants with this condition have trouble lifting their weight or even crawling.

This kind of birth injury typically occurs when breech or difficult deliveries. If a baby is trapped in the birth canal medical professionals must exert force to free them which may stretch or damage nerves in the child's neck. This kind of birth trauma is known as shoulder dystocia and is the most common cause of Erb's palsy. It is the most prevalent cause of permanent paralysis in newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws in place known as statutes of limitations which limit the length of time families are able to pursue legal action following a medical mistake that causes an injury like Erb's palsy. However an attorney can help you file an Erb's palsy lawsuit even after this window is over. Your lawyer will work with your family members to determine if the injury of your child was the result of medical malpractice. They will hire medical professionals to evaluate the medical records of your child and palsy give their opinion. This is called setting the standard of care for your case.

Erb's palsy is a type of brachial plexus palsy that affects the movements and sensory responses in your child's arm. The cause is an injury to the nerves in the brachial plexus during the birth. In cases of shoulder dystocia, it is typically caused by medical personnel using excessive pressure to deliver the baby. This may compress or stretch the neck nerves.

Children with Erb's palsy require continuous rehabilitation and physical therapy. Also, they may need adaptive equipment for their homes. The compensation a judge awards could help your family with these costs.