How to File an Erb's Palsy Claim

Medical malpractice is when a physician is negligent in their duty of taking care of you, leading to injury or a health condition that is getting worse. Erb's palsy cases aren't any different.

Families can seek 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 injury that can leave young people with weakness in either or both arms. The condition can also affect the way they move around, use their fingers and hold objects with their hands. A child may have to undergo physiotherapy or surgical procedures to improve their mobility.

This condition occurs when the neck of the infant or shoulders are stretched beyond what is normal during births that are difficult. It can cause nerve damage to the brachial nerve which is a system of five nerves primary that run from the baby's neck down to the hand and arm controlling movement and sensation.

It could be caused by doctors or midwives pushing too hard on the head during the delivery particularly when a baby is in an forward position. It could also happen when medical professionals use forceps or a vacuum extractor and applies too much pressure, causing stretching of the newborn's neck. Erb's Palsy claims can help families recover compensation to cover the cost of treatment. The majority of these cases are settled outside of court, which avoids lengthy trial procedures.

How Do I File an Erb's Palsy Claim?

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

Erb's Palsy happens when the tendons or nerves of your child's shoulders are damaged or stretched during delivery or labor. The cause of this condition can be several causes, such as a long or complex labor, an birth-induced labor, a larger baby, breech presentation, or complications from an earlier delivery.

Your legal team will collect evidence from medical records, and other sources, to support your claim when you file a lawsuit for Erb's Palsy. Then, they'll attempt to reach an agreement with the defendants. In the event of a settlement, both parties will receive a payment and the case will end. If a settlement cannot be reached, the case may go to trial. The jury will hear both sides' arguments and then decide who is responsible for the injuries your child sustained.

What is the Statute of Limitations for Erb's Palsy Cases

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

Nurses and attorneys doctors are required to ensure the highest level of care when they deliver babies. They could cause injuries if they do not. If your child was injured by an injury referred to as Erb's-Palsy the injury could have been prevented.

An experienced lawyer can conduct a thorough investigation and uncover evidence of negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and obtain compensation as soon as is possible. Compensation can be used to cover the cost of your child's therapy, medical care or adaptive equipment, as well as rehabilitation. Compensation can also be used to cover lost wages if you or your family member was forced to take time off from work to take care of your children. The statute of limitation or the time limit to file a lawsuit, differs by state.

What should I look for in an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to know the medical aspects involved in these cases, as well as the tenacity to fight the insurance companies that deny victims the compensation they deserve. Our Brooklyn Erb’s Palsy attorneys possess both of these qualities, and will provide a thorough overview of the case for families who suspect their child has suffered a preventable birth injury.

Erb's palsy is a type of brachial-plexus injury that affects the upper arms as well as shoulders. Most often, it's result of a trauma that occurs during birth, and can lead to weakness or paralysis in one arm. Most infants affected by this condition have difficulty lifting their body weight or even crawling.

This type of birth injury typically occurs in breech births that are difficult or painful. When a baby gets stuck in the birth canal medical professionals must use force to help them out which can cause damage or stretching of the nerves in the child's neck. This type of birth trauma, also referred to as shoulder dystocia is the primary cause of Erb's Palsy. It is the most prevalent cause for permanent paralysis of newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws, known as statutes which limit the time a family can file a lawsuit when an error in medicine can cause an injury like Erb's Palsy. However, a lawyer can help you file an Erb's-related lawsuit even after this window is over. Your lawyer will work closely with you and your family to determine whether your child's injury is caused by negligence on the part of a medical professional. They will employ medical professionals who will look over the records of your child's medical history and provide their opinion. This is known as establishing the relevant standards of care for your case.

Erb's Palsy is a type of brachial-plexus palsy. It affects your child's movement and sensory responses. This condition is caused by an injury to the nerves of the brachial area during birth. Shoulder dystocia is a common occurrence. it is typically caused by medical staff using excessive pressure when delivering the baby. This may compress and stretch, or even tear neck nerves.

Children suffering from Erb's palsy need continuous rehabilitation and physiotherapy. Also, they may need adaptive equipment for their homes. The compensation awarded by a court can help the family with these costs.