How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to fulfill their duty of care, resulting in injury or worsening an existing condition. Erb's cases aren't any different.

A successful claim can provide families with compensation for their child's recurrable brachial plexus injury. It also can bring feelings of closure for the family.

What is an Erb's palsy Claim?

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

The condition can occur when the shoulders and neck are straining beyond what they should be in difficult births. It could result in nerve damage to the brachial area which is a network of five nerves primary that are located from the neck of the infant down to the hand and arm, managing movement and feeling.

It could be caused by doctors or midwives pulling too hard on the head during the delivery, especially when a child is in the Breech position. It could also happen when medical professionals use forceps or a vacuum extractor and applies too much pressure, stretching the newborn's neck. Erb's palsy claims can help families obtain compensation to pay the cost of treatment. A majority of these cases are settled outside of court, avoiding lengthy trial procedures.

How do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's Palsy, lawsuit you may be entitled to compensation from the medical professionals who were involved in the birth of your child. You can make a legal claim to pay for your child’s medical care as well as therapy equipment, adaptive equipment and future education.

erb's palsy law firm palsy occurs when the nerves and tendons in the shoulder of your child become stretched or damaged during the birth or during labor. This injury can result from a number of reasons, lawsuit such as a lengthy or complicated labor, uninvolved labor, a big baby, a breech presentation or complications from 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 attempt to negotiate a settlement agreement with the defendants in the case. Both sides will be awarded an agreement, and the case will be closed. If a settlement is not reached, the case may be heard in court. The jury will consider both sides' arguments before deciding the person responsible for the child's injuries.

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

If your child's brachial nerve was paralysed as the 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 health care 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 do so they may cause injuries. It is possible to prevent Erb's syndrome in your child.

A seasoned lawyer will be able to conduct an exhaustive investigation to find evidence of negligence. They can also negotiate directly with the lawyers of the party at fault to avoid a court trial and receive compensation as fast 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 a family member had to work to care for your child. The statute of limitations, or deadline to file a lawsuit, differs by state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to comprehend the medical issues that arise in these cases, as well as the determination to fight insurance companies that deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these qualities and are able to offer a thorough case review for families who suspect their child may have suffered a birth injury that could have been prevented.

Erb's Palsy is a traumatic injury to the brachial plexus that affects the upper and lower shoulders as well as the upper arms. Most often, it's result of a trauma that occurs during childbirth, and can cause weakness or paralysis in one arm. Most infants affected by this condition struggle to lift their body weight or crawling.

This type of birth injury is usually experienced during difficult or breech deliveries. When a baby gets stuck in the birthing canal doctors must make use of force to pull it out. This can cause damage or strain the nerves of the child's neck. This kind of birth trauma, also known as shoulder dystocia is the primary reason for Erb's palsy. It is the most prevalent reason for permanent paralysis in newborns.

How Can Erb's Palsy Lawyers help me?

There are laws in force, called statutes of limitations which limit the length of time families are able to pursue legal action after a medical error causes an injury similar to Erb's palsy. However lawyers can help to file an Erb's psy lawsuit even if this time frame has expired. Your lawyer will work closely with you and your family to determine whether your child's injuries are caused by negligence on the part of a medical professional. They will employ medical professionals who will evaluate your child's records and give their opinion. This is known as establishing the appropriate standard of care in your situation.

Erb's palsy is a form of brachial-plexus syndrome. It affects your child's movements and sensory responses. This condition is caused by the nerves of the brachialplexus are damaged during birth. It is usually caused by medical staff applying excessive force to deliver the baby in cases of shoulder dystocia, which can compress, stretch or tear the nerves in the neck.

Children suffering from Erb's palsy need continuous rehabilitation and physical therapy. They might also have to get adaptive equipment for their home. The compensation that is awarded by the court can help your family and you to pay these costs.