How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor fails to provide treating you with care, resulting to injury or a condition becoming worse. Erb's Palsy cases aren't any different.

Families can receive compensation for an injury to the brachial plexus that was preventable. It can also bring a sense of closure for the family.

What is Erb's claim to the Palsy Claim?

Erb's palsy is a birth injury that can cause young people to develop weakening in one or both arms. The condition can also affect how they walk, use their hands and hold objects in their hands. Often, a young person is required to undergo physiotherapy or other surgical procedures to improve their mobility.

The condition is caused when an infant's shoulders and neck are stretched beyond what they should be in difficult births. It could cause nerve damage to the brachialplexus, a network of primary nerves that runs from the baby's head to his arm and hand.

It could be caused by doctors or midwives pushing too hard on the head during a delivery, especially when a child is in the in a breech position. It could also happen when medical professionals use forceps or a vacuum extractor and applies too much pressure, causing stretching of the neck of the newborn. Families may be able to recover compensation for the costs of treatment by filing Erb's palsy claims. Many of these cases are settled outside of court, avoiding lengthy trial proceedings.

How do I file an Erb's palsy claim?

If your child has been diagnosed with the condition Erb's palsy you may be eligible for compensation from the medical professionals involved in their birth. You can use a legal claim to pay for your child's medical treatment and therapy equipment, adaptive equipment, and even future education.

Erb's palsy is a condition that occurs when the muscles or nerves in your child's shoulders are damaged or stretched during labor or delivery. The injury could result from a number of factors, including a prolonged or complicated labor, an uninvolved labor, a big baby, breech presentation, or complications resulting from a previous delivery.

When you file an Erb's Palsy lawsuit and have your legal team gather evidence from medical records and other sources to prove your claim. They will then try to negotiate a settlement with the defendants. Both sides will be awarded a settlement, and the case will be closed. If a settlement is not reached, your case could go to trial. The jury will listen to both sides and decide whether they were the ones responsible for the injury to your child.

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

If your child's brachial nerve was paralyzed as a result of an Erb's Palsy injury or another type of birth injury, you can claim legal recourse and life-changing compensation. Your lawyer can pursue the medical professionals responsible for the injury of your child to ensure that they are held accountable for their medical negligence.

Doctors and nurses have a duty to adhere to an extremely high standard of care during the birth. They could cause injuries if they don't. If your child suffered an Erb's palsy injury the injury could have been prevented.

A skilled lawyer will be able to conduct an extensive investigation to discover evidence of negligence. They can also work with the at-fault person's lawyers to avoid a trial and receive compensation as soon as is possible. The compensation you receive can help cover the costs of your child's medical treatment, rehabilitation and equipment for adaptive use, and therapy costs. Compensation can also cover lost wages if a family member had to to care for your child. The statute of limitation or the deadline for filing lawsuits, varies by state.

How Do I Choose 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 take on insurance companies who refuse to pay victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these skills and can provide a thorough case evaluation for families who suspect their child suffered a preventable birth injury.

Erb's palsy is a form of brachial plexus injury that affects the upper arms as well as shoulders. It is usually caused by trauma during delivery and can result in weakness or even paralysis of one arm. The majority of infants affected have trouble crawling or lifting their weight.

This type of birth injury is usually experienced when breech or difficult deliveries. If a baby becomes stuck in the birth canal medical professionals need to apply force to help them out which may strain or harm the nerves in the neck of the child. This kind of birth trauma, also known as shoulder dystocia is the primary cause of Erb's Palsy. It is the most frequent cause for permanent paralysis of newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws, Erb's palsy lawyer also known as statutes that restrict the time families is allowed to file a lawsuit if an error in medicine results in an injury, such as Erb's palsy. A lawyer can still help you file a lawsuit for Erb's Palsy even if the statute of limitations has run out. Your attorney will work closely with your family to determine if your child's injury is due to negligence on the part of a medical professional. They will recruit medical experts to evaluate the medical records of your child and offer their opinions. This is called establishing the standard of care for your particular situation.

Erb's Syndrome is one form of brachial-plexus syndrome. It affects your child's movements and sensory responses. This condition is caused by an injury to nerves in the brachial area during the birth. It is typically caused by medical personnel applying excessive force to deliver the baby in cases of shoulder dystocia which can cause swelling, stretch, or tear the nerves in the neck.

Children with erb's palsy lawyer syndrome require continuous rehabilitation and physical therapy. They may also need to purchase adaptive equipment for their homes. The compensation awarded by a court could help your family pay for these costs.