How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to meet their duties of care and cause injury or worsening of an existing condition. Erb's Palsy cases are not any different.

Filing a successful claim can be a way to compensate families for their child's preventable brachial plexus injury. It can also provide a sense of closure for the entire family.

What is an Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also affect their ability to move, hold objects with their hands, and use their fingers. A person in their early years may need to undergo physiotherapy or surgical procedures to improve their mobility.

This condition can occur when the neck of the infant or shoulders are stretched beyond what is normal during births that are difficult. It could cause nerve damage to the brachial-plexus the brachial plexus, a network of five nerves primary that are located from the neck of the infant down to the arm and hand, managing movement and feeling.

It can be caused by midwives or doctors pushing too hard on the head during a labor or when a child is in the forward position. It could also occur when a medical professional uses too much force using vacuum extractors or forceps, stretching the neck of a newborn. Erb's Palsy claims can help families recover compensation to cover the costs of treatment. Many 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 entitled to compensation in the event that your child was diagnosed with the condition Erb's palsy by medical professionals involved in their birth. A legal claim can help you pay for your child's medical care and adaptive equipment that is required for therapy, and even future education.

Erb's Palsy happens when the muscles or nerves in your child's shoulders are damaged or stretched during labor or delivery. The cause of this injury can be many factors, including a prolonged or complicated labor, an birth-induced labor, a larger baby, a breech appearance, or complications that result from a previous delivery.

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. They will then attempt to negotiate a settlement with the defendants in the case. Both sides will be awarded an agreement, and the case will be closed. If a settlement is not feasible, your case will go to trial. The jury will hear both sides and decide whether they are at fault for the injury suffered by your child.

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

Whether your child's brachial plexus was paralyzed as a result of an Erb's syndrome injury or another type of birth injury, it is possible to claim legal recourse and life-changing compensation. Your lawyer can sue the health professionals who caused the injury of your child to hold them accountable for their medical negligence.

Nurses and doctors are required to maintain the highest level of care when giving birth to babies. They can cause injuries if they fail to follow. It is possible to prevent erb's palsy lawsuit syndrome in your child.

A skilled lawyer can conduct an exhaustive investigation to find evidence of negligence. They can also negotiate with the responsible party's lawyers to avoid a trial and obtain the maximum amount of compensation as quickly as is possible. Getting compensation can help cover the cost of your child's medical and rehabilitation and equipment for adaptive use, and therapy expenses. Compensation can also cover lost wages if you or another family member has to miss work to care for your child. The statute of limitation or the deadline for filing an action, is different for each state.

How do I pick 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 tenacity to fight the insurance companies who deny victims the 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 may have suffered a preventable birth injury.

Erb's Palsy is an injury to the brachial plexus that affects shoulders and upper arms. It is most often resulted from trauma during delivery and can lead to weakness or even paralysis of one arm. Most infants with this condition have difficulty lifting their body weight or even crawling.

This type of birth injury typically occurs when breech or difficult deliveries. When a baby gets stuck in the birth canal medical professionals need to apply pressure to free them and stretch or damage the nerves in the child's neck. This type of birth trauma is referred to as shoulder dystocia and is the main cause of Erb's palsy. It is the most prevalent cause of permanent paralysis for newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws in force called statutes of limitation, that restrict how long families can take legal action following a medical mistake that causes an injury, such as Erb's paralysis. A lawyer can still help you file a lawsuit for Erb's psoriasis even if the time limit has passed. Your lawyer will work with your family members to determine if your child's injury was due to medical negligence. They will hire medical professionals who will look over the records of your child and provide their opinion. This is called establishing the standards of care that is applicable to your case.

Erb's Palsy is one type of brachial plexus palsy. It affects your child's movements and sensory responses. This condition is caused by the nerves of the brachialplexus are injured during birth. It is most often caused by medical professionals using excessive force to deliver the baby in cases of shoulder dystocia, which can cause swelling, Erb's 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 awarded by a court could help your family to pay for these expenses.