How to File an Erb's Palsy Claim

Medical negligence is when doctors fail to fulfill their obligations to patients and cause injury or worsening of an existing condition. The cases involving Erb's palsy are no different.

If a claim is successful, it can give families compensation for their child's brachial plexus injury. It also can 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 leave young people with weakening in one or both arms. The condition can also alter how they walk, hold objects in their hands, and use their fingers. A young person will need to undergo physical therapy and other surgical procedures to improve their mobility.

This condition can occur when the neck of the infant or shoulders are stretched beyond the normal during difficult births. It can cause nerve injury to the brachialplexus. This is an area of primary nerves that extends from the infant's head down to his arm and hand.

It could be caused by midwives or doctors pushing too hard on the head during the delivery, especially when a child is in the forward position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies too much pressure, stretching the neck of the newborn. Families can seek compensation for the cost of treatment by filing Erb's Palsy claims. Most of these cases are settled out of court, avoiding long trial processes.

How do I File an Erb's Claim?

You could be entitled to compensation when your child was diagnosed with Erb’s palsy by the medical experts involved in their birth. A legal claim could help you pay for the medical care of your child as well as the necessary adaptive equipment therapy, and education in the future.

Erb's Palsy happens when the tendons or nerves of your child's shoulders are stretched or damaged during delivery or labor. This injury can result from several causes, such as a long or complicated labor, an birth-induced labor, a larger baby, a breech presentation or complications resulting from a previous birth.

If you file an Erb's-Palsy lawsuit the legal team will collect evidence from medical records and other sources to back your claim. They will then attempt to reach a settlement with the defendants in the case. In an agreement, both sides will receive a cash settlement and the case will be closed. If a settlement cannot be reached, your case may be brought to trial. The jury will consider both sides' arguments before deciding 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 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 seek to pursue the health care professionals responsible for your child's injury to make them accountable for their medical negligence.

Doctors and nurses must maintain the highest standards of care when delivering babies. If they do not adhere to this they could inflict injuries. If your child was injured by an injury from Erb's Palsy, it could have been avoided.

A skilled lawyer will be able to conduct a thorough investigation in order to uncover evidence of negligence. They may also be able to negotiate directly with the lawyers of the party at fault to avoid a court trial and receive compensation as quickly as they can. Compensation can cover the costs of your child's medical treatment, therapy, adaptive equipment and rehabilitation. Compensation can also be used to pay for lost wages if you or another family member has had to leave to care for your child. The statute of limitation or deadline to file lawsuits, varies by state.

How Do I Choose an Erb's Palsy Lawyer?

To win an Erb's Palsy case, you'll need an attorney with the legal expertise and tenacity necessary to fight insurance companies that refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and are able to provide a thorough review of the case for Erb's Palsy Lawyers families that suspect their child suffered a preventable birth injury.

Erb's Palsy refers to an injury to the brachial plexus that affects the upper and lower shoulders as well as the upper arms. It is usually caused by a birth trauma and can cause weakness or even paralysis of one arm. The majority of infants affected have difficulty crawling or lifting their weight.

This type of birth injury happens usually when a breech or difficult birth occurs. When a baby gets stuck in the birth canal doctors must employ force to get it out. This can damage or stretch the nerves in the neck of the child. This type of birth trauma is known as shoulder dystocia and is the primary cause of the Erb's condition. It is also the most common cause of permanent paralysis in newborns.

How can Erb's Palsy Lawyers help me?

There are laws in force called statutes of limitation which limit how long families can take legal action when a medical error results in an injury similar to Erb's palsy. A lawyer can still assist you file a lawsuit for Erb's Palsy, even if the statute of limitations has expired. Your attorney will work closely with you and your family to determine whether your child's injury is caused by medical negligence. They will engage medical professionals who will review the medical records of your child and offer their opinion. This is known as establishing the standards of care for your situation.

Erb's Palsy is one type of brachial-plexus aplasia. It affects your child's movements and sensory responses. This is caused when the nerves of the brachialplexus are damaged during birth. It is typically caused by medical professionals 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 need ongoing rehabilitation and physiotherapy. They may also require adaptive equipment for their homes. Compensation awarded by a court could help your family pay for these costs.