How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor fails in their duty of care for you, leading to injury or an existing condition getting worse. Erb's palsy cases aren't any different.

Families can seek compensation for an injury to the brachial plexus that was preventable. It can also provide peace for the family.

What is an Erb's palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can impact how they move, hold objects in their hands and use their fingers. Most often, a child will require physiotherapy or other surgical procedures to improve their mobility.

This is a condition that occurs when the baby's neck or shoulders are stretched beyond what is normal during difficult births. It could result in nerve damage to the brachial plexus which is a network comprised of five nerves which extend from the neck of the baby down to the arm and hand, managing movement and feeling.

This can happen when midwives or doctors are too firm on a child's head during delivery particularly if the child is in the breech position. It can also occur when a medical professional uses forceps or a vacuum extractor firm and applies excessive pressure, stretching the neck of the newborn. Families can seek compensation for the expense of treatment by filing Erb's-Palsy claims. A majority of these cases are settled out of court to avoid lengthy trial proceedings.

How Do I File an Erb's Palsy Claim?

You may be eligible for compensation when your child was diagnosed with Erb's Palsy by the medical experts involved in their birth. You can make a claim to pay for your child's medical treatment or therapy equipment, adaptive equipment, and education in the future.

Erb's syndrome is caused by the nerves and tendons of your child's shoulder are stretched or damaged during the birth or during labor. This injury can result from a number of factors, including a prolonged or complex labor, an birth-induced labor, a larger baby, breech presentation or complications from a previous birth.

If you file an Erb's palsy lawsuit the legal team will gather evidence from medical records as well as other sources to support your claim. They will then try to reach a settlement with the defendants. In the event of a settlement, both parties will receive a payout and the case will end. If a settlement cannot be reached, the case may be heard in court. The jury will hear both sides' arguments and determine the person responsible for the child's injuries.

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

If your child's brachial nerve was paralysed as the result of an Erb's syndrome injury or another type of birth injury, you are able to obtain legal justice and life-changing compensation. Your lawyer can pursue the health care professionals responsible for the injury of your child to hold them accountable for their medical negligence.

Doctors and nurses are required to maintain the highest level of care during the birth of babies. If they do not adhere to this they may cause injuries. If your child has suffered an injury from Erb's Palsy it could have been prevented.

A skilled lawyer will be able to conduct an extensive investigation to identify evidence of negligence. They can also negotiate with the responsible party's lawyers to avoid a trial and get the compensation as quickly as they can. Compensation can cover the cost of your child's medical therapy, therapy and adaptive equipment as well as rehabilitation. Compensation can also be used to pay for lost wages if you or a family member has to leave to care for your child. The time-limit, or deadline for filing lawsuits, differs by state.

How do I select an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires an attorney with the legal expertise to know the medical issues that arise in these cases, as well as the determination to fight insurance companies that deny victims compensation they are entitled to. Our Brooklyn Erb's Palsy attorneys possess both of these qualities and can provide a thorough analysis of the case for families who suspect that their child suffered a reversible birth injury.

Erb's Palsy is a kind of brachial plexus injuries that affects the upper arms as well as shoulders. It is typically caused by a birth trauma and can lead to weakness or even paralysis of one arm. The majority of infants suffering from this condition have difficulty lifting their body weight or even crawling.

This kind of birth injury typically occurs during breech or difficult births. When a baby is stuck in the birth canal medical professionals must use force to help them out which may stretch or damage the nerves in the neck of the child. This kind of birth trauma, also referred to as shoulder dystocia, is the most common cause of Erb's Palsy. It is also the most common cause of permanent paralysis in newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws, known as statutes, that limit how long families can file a lawsuit when an medical error causes an injury such as Erb's Palsy. An attorney can help you file a lawsuit against Erb's palsy even after the time limit has passed. Your lawyer will work with your family members to determine if your child's injury resulted from medical malpractice. They will employ medical professionals who will examine the records of your child's medical history and provide their opinion. This is known as establishing the relevant standard of care in your case.

Erb's palsy is a form of brachial plexus palsy that affects the movement and sensory responses in your child's arm. The cause is an injury to the nerves in the brachial plexus during birth. In cases of shoulder dystocia it is typically caused by the medical team applying excessive pressure when delivering the baby. This can compress and stretch, or even tear neck nerves.

Children with Erb's syndrome require regular rehabilitation and physiotherapy. They may also require purchase adaptive equipment for their homes. The compensation that is awarded by the court could assist your family and you pay these costs.