How to File an Erb's Palsy Claim

Medical negligence is when doctors do not fulfill their duty of care which results in injuries or worsening of an existing condition. Erb's Palsy cases are not any different.

Families can be compensated for an injury to the brachial nerve which could have been prevented. It can also bring closure for the entire family.

What is Erb's claim to the Palsy Claim?

Erb's palsy is a birth defect that can cause young people to develop weakness in either or both arms. The condition can also alter how they move, hold objects in their hands and move their fingers. A person in their early years may need to undergo physiotherapy or surgical procedures to improve their mobility.

The condition is caused when an infant's shoulders and neck are strained beyond what they should be during births that are difficult. It can cause nerve injury to the brachialplexus, an area of primary nerves that connects the baby's head down to his arm and hand.

This happens when doctors or midwives apply too much pressure to a child's head during delivery particularly if the child is in the breech position. It can also happen when a medical professional uses too much force with vacuum extractors or forceps stretching the neck of a newborn. Erb's palsy claims can help families obtain compensation to pay the costs of treatment. A majority of these cases are settled outside of court, avoiding lengthy trial procedures.

How do I file an Erb's palsy claim?

You may be entitled to compensation If your child was identified with the condition Erb's palsy by medical experts involved in their birth. You can make a claim to pay for your child’s medical care as well as adaptive equipment, therapy and even future education.

Erb's Palsy occurs when the muscles or nerves of your child's shoulders are stretched or damaged during delivery or labor. This injury can be caused by several factors, such as a prolonged, complicated labor or induction, a larger or breech infant, or complications after an earlier birth.

If you file an Erb's palsy lawsuit and your legal team will collect evidence from medical records as well as other sources to support your claim. Then, they'll try to reach a settlement with the defendants. Both sides will receive an agreement, and the case will be closed. If a settlement cannot be reached, your case will be heard in court. The jury will consider both sides and determine if they were at fault for the injury to your child.

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

If your child's brachial-plexus was paralysed as the result of an Erb's Palsy injury or another type of birth injury, you could obtain legal justice and life-changing compensation. Your lawyer can sue the medical professionals responsible for the child's injury and be held accountable for their medical negligence.

Nurses and doctors have an obligation to observe a high standard of care during the birth. They could cause injuries if they fail to do so. If your child was injured by an injury referred to as Erb's-Palsy the injury could have been avoided.

An experienced lawyer can conduct a thorough investigation and find evidence of the negligence. They can also negotiate with the responsible party's lawyers to avoid trial and secure compensation as soon as is possible. Getting compensation can help cover the costs of your child's medical and rehabilitation and essential adaptive equipment and therapy expenses. Compensation may also help cover the loss of earnings if you or a family member had to take time away from work to take care of your children. The time limit or deadline for filing a lawsuit, is different per state.

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

A successful Erb's Palsy claim requires a lawyer with the legal expertise to understand the medical issues involved in these cases and Erb's Palsy lawyers tenacity to fight the insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these skills and can provide a thorough review of the case for families who suspect their child may have suffered a birth injury that could have been prevented.

Erb's Palsy refers to an injury to the brachial nerve that affects the shoulders and upper arms. It is typically caused by trauma during childbirth and can cause weakness or paralysis in one arm. Many infants suffering from this condition struggle to lift their body weight or crawling.

This type of birth injury occurs most often during breech or difficult delivery. When a baby is stuck in the birth canal medical professionals must use pressure to free them which can strain or harm the nerves in the neck of the child. This kind of birth trauma, also referred to as shoulder dystocia is the primary cause of Erb's syndrome. It is the most frequent reason for permanent paralysis in newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws, called statutes that restrict the time families can file a suit after a medical mistake results in injury, like Erb's Palsy. A lawyer can still help you file a lawsuit against Erb's Palsy even if the statute of limitations has expired. Your attorney will work closely with you and your family to determine if your child's injuries are caused by medical negligence. They will employ medical professionals who will review the records of your child and provide their opinion. This is referred to as establishing the applicable standard of care in your situation.

Erb's palsy is a form of brachial palsy that affects the movements and sensory responses in your child's arm. The condition occurs when the nerves of the brachialplexus are injured during the birth. It is typically caused by medical personnel using excessive force to deliver the baby in cases of shoulder dystocia, which can compress, stretch or tear nerves in the neck.

Children suffering from erb's palsy attorneys palsy require continuous rehabilitation and physiotherapy. They also may need to obtain adaptive equipment for their homes. The compensation a judge awards could help your family with these costs.