How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to meet their duties of care which results in injury or worsening an existing condition. Erb's palsy cases are no different.

A successful claim can be a way to compensate families for their child's preventable brachial plexus injury. It can also bring peace for the family.

What is an Erb's palsy Claim?

Erb's palsy is a birth defect that can cause young people to develop weakness in one or both arms. The condition can also affect how they walk, hold objects in their hand and use their fingers. Often, a young person will require physical therapy as well as undergo other surgical procedures to improve their mobility.

This condition occurs when the neck of the infant or shoulders are stretched beyond what is normal during difficult births. It could cause nerve damage to the brachialplexus, which is an area of primary nerves which runs from the infant's head to his arm and hand.

This can happen when doctors or midwives push too hard on the child's head during birth particularly if the child is in the breech position. It could also occur when a medical professional uses excessive force using vacuum extractors or forceps, pushing the neck of the newborn. Families can get compensation for the cost of treatment by filing Erb's Palsy claims. Most of these cases are settled outside of court, thus avoiding lengthy trial procedures.

How do I file an Erb's palsy claim?

You may be eligible for compensation If your child was identified with the condition Erb's palsy by medical professionals involved in their birth. A legal claim could help you pay for your child's medical care as well as the necessary adaptive equipment therapy, and a future education.

Erb's Palsy is a condition that occurs when the nerves and lawsuit tendons in your child's shoulder are stretched or damaged during the birth or during labor. The injury could result from various factors, including a long or difficult labor, inducing labor, a large baby, breech presentation or complications that result from a previous birth.

Your legal team will gather evidence from medical records, and other sources, to back your claim when you bring a lawsuit against Erb's Palsy. Then, they'll attempt to reach a settlement with the defendants. In an agreement, both sides will receive a payment and the case will close. If a settlement isn't feasible your case will be sent to trial. The jury will listen to both sides' arguments and decide the person responsible for the injuries your child sustained.

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

If your child's brachial-plexus was paralysed as the result of an Erb's injury or another birth injury, it is possible to receive legal justice and life-changing compensation. Your lawyer can sue the health professionals who caused your child's injuries to be held accountable for their medical negligence.

Nurses and doctors have an obligation to observe an extremely high standard of care during delivery. If they fail to do so they could inflict injuries. It is possible to stop Erb's syndrome in your child.

A skilled lawyer can conduct a thorough examination and find evidence of negligence. They can also negotiate directly with the attorneys of the party who is at fault to avoid a court trial and receive the compensation they can. Getting compensation can help cover the costs of your child's rehabilitation, medical treatment and essential adaptive equipment and therapy expenses. Compensation may also cover lost wages if you or another family member has had to leave to care for your child. The statute of limitation or the time limit to file an action, is different for each 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 knowledge and perseverance required to battle insurance companies that refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and are able to provide a thorough case review for families who suspect their child has suffered a birth injury that could have been prevented.

Erb's Palsy is an injury to the brachial plexus 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 who suffer from the condition have difficulty crawling or lifting their weight.

This kind of birth injury typically occurs during difficult or breech deliveries. If a baby becomes stuck in the birth canal, medical professionals need to apply force to help them out and stretch or damage the nerves in the neck of the child. This type of birth trauma is referred to as shoulder dystocia and is the primary cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis among newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws in force known as statutes of limitations, that restrict how long families can pursue legal action following a medical mistake that causes an injury, such as Erb's paralysis. A lawyer can assist you file a lawsuit for Erb's Palsy, even if the statute of limitations has expired. Your attorney will work closely with your family to determine whether your child's injuries are the result of negligence in the medical field. They will engage medical professionals who will review the records of your child and provide their opinion. This is known as setting the standard of care for your particular situation.

Erb's spalsy is one type of brachial plexus ailment that affects the movement and sensory response in your child's arm. The cause is an injury to nerves in the brachial plexus during birth. In cases of shoulder dystocia, it is usually caused by medical staff using excessive pressure when delivering the baby. This may compress and stretch or tear the neck nerves.

Children with Erb's Palsy require ongoing rehabilitation and physical therapy. They might also have to purchase adaptive equipment for their homes. The compensation granted by the court could help you and your family pay for these costs.