How to File an Erb's Palsy Claim

Medical negligence is when doctors fail to fulfill their duty of care that results in injury or worsening 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 avoidable brachial plexus injury. It can also provide peace for the 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 alter how they move, hold objects in their hands and use their fingers. Often, a young person is required to undergo physical therapy as well as undergo other surgical procedures to improve their mobility.

This happens when the neck of the infant or shoulders are stretched beyond the normal during difficult births. It can result in nerve injury to the brachialplexus. This is a network of primary nerves that extends from the infant's head to the arm and hand.

It can be caused by midwives or doctors pushing too hard on the head during a delivery or when a child is in an Breech position. It could also occur when a medical professional applies too much force with vacuum extractors or forceps, pulling the neck of the newborn. Erb's palsy claims can help families obtain compensation to pay the cost of treatment. The majority of these cases are settled out of court, thus avoiding lengthy trial proceedings.

How do I file an Erb's Palsy claim?

You may be eligible for compensation if your child was diagnosed with the condition Erb's palsy by medical experts involved in their birth. A legal claim can aid in the payment of the medical care of your child as well as the necessary adaptive equipment therapy, and future education.

Erb's Palsy happens when the muscles or nerves in your child's shoulders are damaged or stretched during delivery or labor. The injury could result from a variety of reasons, including a long, complicated labor or delivery, an induction, large or breech baby or complications following a previous birth.

If you file an Erb's-Palsy lawsuit and have your legal team collect evidence from medical records and other sources to prove your claim. They will then try to negotiate a settlement agreement with the defendants in the case. Both sides will receive a settlement, and the case will be closed. If a settlement isn't possible the case will go to trial. The jury will consider both sides and determine if they were at fault for the injury suffered by your child.

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

If your child's brachial-plexus was paralyzed as a result of an Erb's Palsy injury or another type of birth injury, you can obtain legal justice and life-changing compensation. Your lawyer can hold the medical professionals accountable for their negligence in causing the injury to your child.

Nurses and doctors are required to maintain a high level of care when they deliver babies. If they fail to adhere to this, they can cause injuries. It is possible to stop Erb's Palsy in your child.

A skilled lawyer will be able to conduct an exhaustive investigation to find evidence of negligence. They can also directly negotiate with the attorneys of the party at fault to avoid a court trial and seek the compensation they can. Compensation can cover the cost of your child's medical treatment, therapy, adaptive equipment and rehabilitation. Compensation can also pay for lawsuit lost wages if you or a family member has to leave work to take care of your child. The time period for filing a lawsuit or the deadline to file a lawsuit, is different per state.

What should I look for in an Erb's Palsy lawyer?

To be successful in an Erb's Palsy case, you need a lawyer who has the legal knowledge and perseverance required to battle insurance companies who refuse to pay victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these attributes and can provide a thorough case evaluation for families who suspect that their child may have suffered a birth injury that could have been prevented.

Erb's palsy is an injury to the brachial nerve that affects shoulders and upper arms. It is usually caused by trauma during delivery and can lead to weakness or even paralysis of one arm. Many infants suffering from this condition struggle to lift their weight or even crawling.

This type of birth injury occurs usually during difficult or breech delivery. If a baby becomes stuck in the birthing canal, doctors have to apply force to push it out. This can damage or strain the nerves of the child's neck. This kind of birth trauma, also referred to as shoulder dystocia, is the primary cause of Erb's Palsy. It is also the most common cause of permanent paralysis in newborns.

What can Erb's Palsy Lawyers help me?

There are laws in place, called statutes of limitations which limit the time families are allowed to file legal actions following a medical mistake that causes an injury, such as Erb's paralysis. However an attorney can assist you file an Erb's palsy lawsuit even after the time limit has closed. Your attorney will work with your family members to determine if the injury of your child was due to medical negligence. They will hire medical professionals who will look over the medical records of your child and offer their opinion. This is known as establishing the appropriate 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. The cause is an injury to the nerves in the brachial plexus during birth. It is often caused by medical personnel applying excessive force to deliver the baby in cases of shoulder dystocia, which can cause swelling, stretch, or tear the neck nerves.

Children suffering from Erb's palsy require continuous rehabilitation and physiotherapy. Also, they may need adaptive equipment for their homes. Compensation awarded by a court can help your family to pay for these expenses.