How to File an Erb's Palsy Claim

Medical malpractice is when a physician does not perform their duty of treating you with care, resulting to injury or an existing condition getting worse. Erb's cases aren't any different.

If a claim is successful, it can award families compensation for their child's avoidable brachial plexus injury. It can also bring the feeling of closure for Erb's Palsy lawyer the entire family.

What is an Erb's palsy Claim?

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

This condition occurs when the baby's neck or shoulders are stretched beyond the normal during difficult births. It can result in nerve damage to the brachial plexus which is a network comprised of five nerves which are located from the neck of the infant down to the hand and arm which control movement and sensation.

It could be caused by doctors or midwives pushing too hard on the head during the delivery particularly when a baby is in an Breech position. It could also occur when a medical professional uses excessive force using vacuum extractors or forceps pulling the neck of the newborn. Families can recover compensation for the cost of treatment by filing Erb's palsy claims. The majority of these cases are settled out 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 diagnosed with Erb’s palsy by the medical experts involved in their birth. A legal claim can help you pay for your child's medical treatment as well as any adaptive equipment needed for therapy, and education in the future.

Erb's syndrome is caused by the nerves and tendons of the shoulder of your child are stretched or damaged during labor or delivery. The injury could be caused by several factors, such as a lengthy, complex labor or delivery, an induction, baby who is too large or breech, or complications following a previous birth.

Your legal team will collect evidence from medical records and other sources, to prove your claim when you file a lawsuit for Erb's Palsy. They will then try 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 is not feasible your case will be sent to trial. The jury will listen to both sides' arguments and determine the person responsible for the injury your child sustained.

What is the Statute of Limitations in Erb's Palsy Cases?

You could receive compensation that will alter your life, irrespective of whether your child's plexus brachial was crippled due to an injury from Erb's Palsy or another birth injury. Your lawyer can hold medical professionals accountable for their negligence in causing the injury to your child.

Doctors and nurses are bound by obligations to uphold an extremely high standard of care during the birth. They could cause injuries if they fail to follow. It is possible to stop Erb's Palsy in your child.

An experienced lawyer can conduct an extensive examination and find evidence of negligent actions. They may also be able to negotiate directly with the lawyers of the person responsible to avoid a trial and get the compensation they can. Compensation can cover the costs of your child's medical treatment, therapy as well as adaptive equipment and rehabilitation. Compensation may also help cover the loss of earnings if you or your family member was forced to take time off from work to care for your children. The time-limit or deadline for filing a lawsuit, varies by state.

How do I choose an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to be aware of the medical aspects involved in these cases and the determination to take on insurance companies who deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can provide a thorough case evaluation for families who suspect that their child suffered a birth injury that could have been prevented.

Erb's palsy is an injury to the brachial muscle that affects the upper and lower shoulders as well as the upper arms. It is often caused by trauma during delivery and can result in weakness or even paralysis of one arm. Most infants with this condition struggle to lift their weight or even crawling.

This kind of birth injury is typically during breech or difficult delivery. If a baby becomes stuck in the birth canal, medical professionals need to apply force to free them, which can stretch or damage nerves that run through the neck of the infant. This kind of birth trauma is referred to as shoulder dystocia and is the leading cause of the Erb's condition. It is also the most frequent cause of permanent paralysis among newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in force known as statutes of limitations which limit the length of time families can pursue legal action after a medical error causes an injury similar to Erb's palsy. However, a lawyer can help you file an erb's palsy attorney Palsy lawsuit after this time has closed. Your lawyer will work closely with you and your family to determine whether your child's injuries are caused by negligence in the medical field. They will employ medical professionals who will evaluate the records of your child and provide their opinion. This is called establishing the standard of care applicable to your case.

Erb's spalsy is one type of brachial palsy that affects the movement and sensory responses in your child's arm. This is caused when the brachialplexus's nerves are injured during the birth. When shoulder dystocia occurs, it is usually caused by medical personnel applying excessive pressure when delivering the baby. This can cause compression and stretch or tear the neck nerves.

Children with Erb’s palsy need constant rehabilitation and physiotherapy. They might also have to get adaptive equipment for their home. The compensation awarded by a court can help your family pay for these costs.