How to File an Erb's Palsy Claim

Medical malpractice is when a physician fails in their duty of treating you with care, resulting to injury or a health condition that is getting worse. The cases involving Erb's palsy are no different.

The filing of a successful claim could be a way to compensate families for their child's brachial plexus injury. It also provides closure for the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth injury that can leave young people with weakening in one or both arms. The condition can affect their ability to walk, hold objects in their hands and use 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 the neck and shoulders are strained beyond what they should be in difficult births. It can result in nerve damage to the brachial nerve the brachial plexus, a network of five nerves that are located from the neck of the infant down to the arm and erb's Palsy lawyer hand controlling movement and sensation.

It could be caused by midwives or doctors pushing too hard on the head during a labor, especially when a child is in the breech position. It can also happen when a medical professional applies excessive force using forceps or vacuum extractors, pushing the neck of the newborn. erb's palsy law firm claims for palsy can help families obtain compensation to pay the cost of treatment. Most of these cases are settled outside of court, avoiding long trial processes.

How do I Filing an Erb's Palsy Claim?

You may be entitled to compensation If your child was identified with Erb's Palsy by the medical professionals involved in their birth. You can make a legal claim to cover your child’s medical care, therapy equipment, adaptive equipment, and future education.

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 various reasons, such as a lengthy or complicated labor, an inducing labor, a large baby, breech presentation, or complications from a previous delivery.

Your legal team will collect evidence from medical records, and other sources, to back your claim when you make a claim for Erb's Palsy. They will then try to negotiate a settlement agreement with the defendants in the case. Both sides will receive a settlement, and the case will be closed. If a settlement is not reached, your case may be brought to trial. The jury will consider both sides and determine whether they are at fault for the injury 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 injury or another type of birth injury, it is possible to get legal justice and life-changing compensation. Your lawyer can pursue the health care professionals responsible for your child's injuries to ensure that they are held accountable for their medical negligence.

Nurses and doctors have the obligation to maintain the highest standards of medical care during the birth. They could cause injuries if they fail to do so. If your child has suffered an injury to the Erb's palsy the injury could have been prevented.

A skilled lawyer can conduct an extensive investigation and find evidence of negligence. They may also be able to negotiate directly with the lawyers of the party who is at fault to avoid a court trial and get compensation as quickly as they can. Compensation may cover the cost of your child's therapy, medical treatment as well as adaptive equipment and rehabilitation. Compensation can also pay for lost wages if you or a family member has to miss to care for your child. The time period for filing a lawsuit or the deadline to file lawsuits, is different for each state.

How do I Select an Erb's Palsy Lawyer?

To win an Erb's Palsy case, you need a lawyer who has the legal knowledge and determination required to battle insurance companies who refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb’s Palsy attorneys have both of these qualities and can provide a thorough analysis of the case for parents who suspect their child may have suffered a preventable birth injury.

Erb's Palsy is a kind of brachial-plexus injury that affects the upper arms and shoulders. It is usually resulted from trauma during delivery and can cause weakness or even paralysis of one arm. The majority of infants suffering from this condition are unable to lift their weight or crawling.

This kind of birth injury occurs usually in breech births that are difficult or difficult to deliver. When a baby gets stuck in the birth canal medical professionals must use force to free them, which can stretch or damage the nerves in the neck of the child. This kind of birth trauma is referred to as shoulder dystocia, and is the leading cause of Erb's Palsy. It is also the most frequent cause of permanent paralysis in newborns.

What can Erb's Palsy Lawyers assist me?

There are laws in place known as statutes of limitations, that restrict how long families can take legal action following a medical mistake that causes an injury such as Erb's Palsy. However an attorney can help you file an Erb's-related lawsuit after this time has closed. Your attorney will work with your family members to determine if the injury suffered by your child resulted from medical malpractice. They will engage medical professionals who will evaluate the records of your child and provide their opinion. This is referred to as establishing the standard of care in your situation.

Erb's palsy is a form of brachial plexus palsy. It affects your child's movements and sensory responses. This condition is caused by an injury to the nerves of the brachial area during the birth. It is usually caused by medical professionals using excessive force to deliver the baby in cases of shoulder dystocia which can compress, stretch or tear nerves in the neck.

Children with Erb's palsy require regular rehabilitation and physical therapy. They also may require adaptive equipment for their homes. The compensation a judge awards could help your family cover these costs.