How to File an Erb's Palsy Claim

Medical negligence occurs when doctors fail to meet their duty of care which results in injuries or the worsening of an existing condition. Erb's palsy cases aren't any different.

The filing of a successful claim could provide families with compensation for their child's brachial plexus injury. It can also bring a sense of closure for the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth defect that can leave young people with weakness in either or both arms. The condition can also affect the way they walk, use their fingers and hold objects in their hands. A young person may require physical therapy and other surgical procedures to improve their mobility.

This condition occurs when the baby's neck and shoulders are stretched beyond the normal during births that are difficult. It could cause nerve damage to the brachial-plexus which is a network of five primary nerves that run from the baby's neck down to the arm and hand controlling movement and sensation.

This happens when doctors or midwives are too firm on the head of a newborn during birth particularly if the child is in the breech position. It can also happen when a medical professional uses excessive force with vacuum extractors or forceps pushing the neck of the newborn. Erb's palsy claims can help families receive compensation to pay the costs of treatment. Most of these cases are settled outside of court, avoiding lengthy trial procedures.

How do I file an Erb's palsy claim?

If your child was diagnosed with Erb's Palsy, you could be entitled to compensation from the medical professionals who were involved in their child's birth. A legal claim can aid in the payment of your child's medical treatment as well as the necessary adaptive equipment therapy, and a future education.

Erb's Palsy occurs when the muscles or nerves of your child's shoulders are damaged or stretched during delivery or labor. This injury can be caused by a number factors, such as a long, complicated labor, an induction, a larger or breech infant, or complications following previous births.

Your legal team will gather evidence from medical records, and other sources to back your claim when you file a lawsuit for Erb's Palsy lawyers Erb's Palsy. Then, they'll try to reach a settlement with the defendants. In an agreement, both sides will receive a payment and the case will end. If a settlement isn't feasible, your case will go to trial. The jury will hear both sides' arguments before deciding who was at fault for the child's injuries.

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 syndrome injury or another type of birth injury, it is possible to receive legal justice and life-changing compensation. Your lawyer can hold medical professionals accountable for their negligence in causing the injury to your child.

Doctors and nurses are bound by a duty to adhere to the highest standards of medical care during the process of giving birth. They can cause injuries if they fail to do so. It is possible to stop Erb's palsy in your child.

An experienced lawyer can conduct a thorough investigation and discover evidence of negligent actions. They may also be able to negotiate directly with the attorneys of the party at fault to avoid a trial and seek compensation as quickly as they can. Compensation can cover the cost of your child's medical treatment, therapy, adaptive equipment and rehabilitation. Compensation can also compensate for lost wages if your family member was forced to take time off from work to take care of your children. The time limit, or deadline for filing a lawsuit, is different per state.

How do I pick an Erb's Palsy lawyer?

To win an Erb's Palsy case, you need an attorney with the legal knowledge and determination required to battle insurance companies that refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb’s Palsy attorneys have both of these qualities, and will provide a thorough overview of the case for families who suspect that their child has suffered a preventable birth injury.

Erb's Palsy is a traumatic injury to the brachial plexus that affects upper arms and shoulders. Most often, it's result of a trauma that occurs during birth, and can lead to weakness or paralysis in one arm. The majority of infants affected have difficulty crawling or lifting their weight.

This kind of birth injury usually occurs during breech or difficult births. If a baby is trapped in the birth canal medical professionals need to apply the force necessary to free them which can strain or harm the nerves in the neck of the child. This kind of birth trauma, also referred to as shoulder dystocia, is the most common reason for Erb's palsy. It is also the most common cause of permanent paralysis in newborns.

How can Erb's Palsy Lawyers assist me?

There are laws in force, called statutes of limitations, that restrict how long families are able to pursue legal action after a medical mishap causes an injury, such as Erb's paralysis. A lawyer can still assist you file a lawsuit for Erb's Palsy, even if the time limit has passed. Your lawyer will work closely with your family to determine whether your child's injury is caused by medical negligence. They will employ medical professionals to examine your child's medical records and offer their opinion. This is known as establishing the appropriate standard of care for your case.

Erb's Palsy is a kind of brachial plexus ailment that affects the movement and sensory response in your child's arm. This condition is caused when the nerves of the brachialplexus are injured during birth. It is most often due to medical staff applying 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 continuous rehabilitation and physical therapy. They may also require acquire adaptive equipment for their home. Compensation awarded by a court could help your family to pay for these expenses.