How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to meet their duties of care and cause injuries or the worsening of an existing condition. Erb's cases aren't any different.

Filing a successful claim can give families compensation for their child's brachial plexus injury. It can also bring feelings of closure for the entire family.

What is Erb's Palsy Claim?

Erb's palsy is a birth injury that can cause young people to develop weakness in either or both arms. The condition can also affect the way they walk, use their hands and hold objects in their hands. A person in their early years may need to undergo physiotherapy or surgical procedures in order to improve their mobility.

The condition develops when an infant's shoulders and neck are stretched over and above what they should be in difficult births. It could result in nerve damage to the brachial area which is a network of five primary nerves that are located from the neck of the infant down to the hand and arm that control movement and feel.

This happens when midwives or doctors push too hard on a child's head during delivery and especially when 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 neck of the newborn. Families can recover compensation for the expense of treatment by filing Erb's Psy claims. Many of these cases settle outside of court, avoiding long trial processes.

How Do I Do I File an Erb's 'Palsy Claim?

You may be entitled to compensation when your child was diagnosed with the condition Erb's palsy by medical professionals involved in their birth. You can use a legal claim to cover your child’s medical care or adaptive equipment, therapy and even future education.

Erb's Palsy occurs when the nerves or tendons of your child's shoulders are damaged or stretched during labor or delivery. This injury can result from various reasons, such as a lengthy or complicated labor, an birth-induced labor, a larger baby, breech presentation or complications from an earlier delivery.

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 try to negotiate a settlement agreement with the defendants in the case. In a settlement, both sides will receive a payment and the case will close. If a settlement isn't possible your case will be sent to trial. The jury will be able to hear both sides' arguments before deciding the person responsible for the child's injuries.

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

You could receive compensation that will change your life no matter whether your child's brachial-plexus was paralysed due to an injury from Erb's Palsy or another birth injury. The lawyer you hire can sue medical professionals responsible for your child's injury to make them accountable for Erb's Palsy lawyers their medical negligence.

Doctors and nurses are required to ensure a high level of care during the birth of babies. They could cause injuries if they fail to do so. If your child sustained an Erb's palsy injury the injury could have been prevented.

An experienced lawyer can conduct an extensive investigation and find evidence of the negligence. They can also work directly with the lawyers of the party responsible to avoid a trial and receive compensation as quickly as they can. Compensation can help pay for the costs of your child's rehabilitation, medical care as well as the essential adaptive equipment and therapy costs. Compensation may also help cover the loss of earnings if you or someone in your family needed to take time off from work to take care of your children. The statute of limitations, or deadline to file lawsuits, differs from state to state.

How do I select an Erb's Palsy lawyer?

To be successful in an Erb's Palsy case, you require a lawyer who has the legal expertise and tenacity required to battle insurance companies that refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these skills and can provide a thorough case review for families that suspect their child may have suffered a preventable birth injury.

Erb's Palsy is a traumatic injury to the brachial plexus, which affects upper arms and shoulders. Most often, it's caused by trauma during birth and can result in weakness or paralysis in one arm. Many infants who suffer from the condition have trouble crawling or lifting their weight.

This type of birth injury typically occurs during difficult or breech deliveries. When a baby is stuck in the birth canal, medical professionals need to apply force to help them out and strain or harm the nerves that run through the neck of the infant. This type of birth trauma is referred to as shoulder dystocia and is the leading cause of the Erb's condition. It is also the most common cause of permanent paralysis among newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in force called statutes of limitation which limit the time families can pursue legal action when a medical error results in an injury like Erb's palsy. However, a lawyer can help you file an Erb's Palsy lawsuit even after the time limit has closed. Your lawyer will work closely with your family to determine whether your child's injuries are the result of negligence on the part of a medical professional. They will recruit medical experts to evaluate your child's medical records and give their opinion. This is referred to as establishing the relevant standard of care in your situation.

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

Children suffering from Erb's palsy need ongoing rehabilitation and physiotherapy. Additionally, they may require adaptive equipment for their homes. Compensation awarded by a court can help your family pay for these costs.