How to File an Erb's Palsy Claim

Medical malpractice happens when a doctor does not perform their duty of care to you, leading to injury or a condition getting worse. Erb's palsy cases are no different.

Families can receive compensation for the injury to the brachial area which could have been prevented. It also can 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 weakening in one or both arms. The condition can also affect how they walk, use their fingers and hold objects in their hands. Often, a young person may require physiotherapy and have other surgical procedures to improve their mobility.

The condition occurs when the neck and shoulders are strained beyond what they are supposed to be in difficult births. It could cause nerve damage to the brachialplexus. It is the primary nerve network that extends from the infant's head to his arm and hand.

It could be caused by midwives or doctors pulling too hard on the head during a delivery or when a child is in a forward position. It could also occur when a medical professional uses excessive force using vacuum extractors or forceps, stretching the neck of a newborn. Erb's palsy claims can help families receive compensation to pay the costs of treatment. The majority of these cases are settled out of court, thus avoiding lengthy trial procedures.

How do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's palsy, you may be entitled to compensation from the medical professionals involved in their child's birth. A legal claim can aid in the payment of your child's medical care, necessary adaptive equipment, therapy, and future education.

Erb's palsy is caused when the nerves and tendons of your child's shoulder become stretched or damaged during labor or delivery. The injury could result from various factors, including a long or difficult labor, uninvolved labor, a big baby, a breech presentation or complications from a previous birth.

When you file an Erb's palsy lawsuit the legal team will gather evidence from medical records and other sources to support your claim. They will then attempt to negotiate a settlement agreement with the defendants in the case. Both sides will be awarded an agreement, and the case will be closed. If a settlement cannot be reached, the case may be heard in court. The jury will hear both sides and decide whether they were the ones responsible for the harm suffered by your child.

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

If your child's plexus brachial was paralyzed as a result of an Erb's palsy injury or another type of birth injury, you are able to claim legal recourse and life-changing compensation. Your lawyer will hold health care professionals accountable for their negligence in causing the injury to your child.

Nurses and doctors are required to ensure a high level of care during the birth of babies. If they fail to follow this standard they may cause injuries. If your child sustained an Erb's palsy injury it could have been prevented.

A seasoned lawyer will be able to conduct an exhaustive investigation to identify evidence of negligence. They can also negotiate directly with the attorneys of the party who is at fault to avoid a court trial and get compensation as quickly as they can. The compensation you receive can help cover the cost of your child's medical treatment, rehabilitation, essential adaptive equipment, and therapy expenses. Compensation can also cover lost earnings if you or a family member has had to take time off work to care for your child. The statute of limitations or the time limit to file lawsuits, differs from state to state.

How Do I Choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney with the legal expertise to be aware of the medical aspects involved in these cases, as well as the determination to challenge insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these attributes and can provide a thorough review of the case for families who suspect that their child may have suffered a birth injury that could have been prevented.

Erb's palsy is a type of brachial plexus injury which affects the upper arms and shoulders. Most often, it is caused by trauma during birth and can result in weakness or paralysis in one arm. Most infants with this condition struggle to lift their body weight or even crawling.

This kind of birth injury is usually experienced during difficult or breech deliveries. When a baby is trapped in the birth canal, doctors will apply force to push it out. This can cause damage or stretch the nerves in the child's neck. This kind of birth trauma is known as shoulder dystocia, and is the main cause of Erb's palsy. It is the most prevalent cause of permanent paralysis in newborns.

How Do winterset erb's palsy lawsuit Palsy Lawyers Help Me?

There are laws in place that are known as statutes of limitations which limit the length of time families are allowed to file legal actions when a medical error results in an injury like Erb's palsy. However an attorney can assist you file an Erb's palsy lawsuit even after this window has expired. Your lawyer will work with your family members to determine if your child's injury was the result of medical negligence. They will employ medical professionals to review the medical records of your child and offer their opinions. This is called establishing the standard of care that is applicable to your situation.

Erb's palsy is a type of brachial plexus palsy that affects the sensory and movement in your child's arm. The condition occurs when the nerves of the brachialplexus are damaged during birth. In cases of shoulder dystocia, it is typically caused by the medical staff applying excessive pressure to deliver the baby. This can compress, stretch or tear the neck nerves.

Children with Erb's palsy require ongoing rehabilitation and physical therapy. They may also require obtain adaptive equipment for their homes. Compensation awarded by a court could help your family to pay for these expenses.