How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to perform their duty of care that results in injury or worsening an existing condition. Erb's palsy cases aren't different.

Families can receive compensation for erb's palsy lawyer the injury to the brachial area that was preventable. It can also bring a sense of closure for the entire family.

What is Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can alter how they walk, hold objects in their hands and use their fingers. A young person may require physical therapy as well as undergo other surgical procedures to improve their mobility.

This happens when the baby's neck and shoulders are stretched beyond what is normal during difficult births. It can result in nerve injury to the brachialplexus. It is an essential nerve system that extends from the infant's head to the arm and hand.

It can be caused by doctors or midwives pushing too hard on the head during a birth or when a child is in an breech position. It can also happen when a medical professional uses excessive force using vacuum extractors or forceps pulling the neck of the newborn. Families may be able to recover compensation for the costs of treatment by filing Erb's-Palsy claims. Most of these cases are settled out of court, avoiding lengthy trial proceedings.

How Do I File an Erb's Claim?

You could be entitled to compensation if your child was diagnosed with Erb’s palsy by the medical professionals involved in their birth. A legal claim could help you pay for your child's medical treatment as well as any adaptive equipment needed for therapy, and a future education.

Erb's Palsy happens when the muscles or nerves of your child's shoulders are stretched or damaged during labor or delivery. The injury could be caused by a number factors, including a prolonged, complicated labor or delivery, an induction, large or breech baby or complications after the birth of a previous baby.

Your legal team will collect evidence from medical records and other sources to back your claim when you make a claim for Erb's Palsy. Then, they will try to negotiate a settlement with the defendants. Both sides will be awarded a settlement, and the case will be closed. If a settlement is not reached, your case will go to trial. The jury will listen to both sides and decide whether they were the ones responsible for the injury to your child.

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 Palsy injury or another birth injury, you are able to get legal justice and life-changing compensation. Your lawyer will hold medical professionals accountable for their negligence in causing your child's injury.

Nurses and doctors are required to ensure the highest standards of care when giving birth to babies. If they fail to do so they could inflict injuries. It is possible to prevent Erb's syndrome in your child.

A seasoned lawyer will be able conduct an exhaustive investigation to identify evidence of negligence. They can also negotiate directly with the lawyers of the party who is at fault to avoid a court trial and get compensation as soon as they can. Getting compensation can help cover the costs of your child's medical and rehabilitation and essential adaptive equipment and therapy expenses. Compensation may also cover lost wages if you or another family member has to take time off work to care for your child. The statute of limitations, Erb's Palsy lawyer or deadline for filing lawsuits, is different for each state.

How do I choose an Erb's Palsy lawyer?

To be successful in an Erb's Palsy case, you need a lawyer who has the legal knowledge and determination necessary to challenge insurance companies that refuse to pay victims the money they are entitled to. Our Brooklyn Erb’s Palsy lawyers possess both of these qualities, and can provide a thorough analysis of the case for families who suspect their child may have suffered a preventable birth injury.

Erb's Palsy is a traumatic injury to the brachial plexus, which affects the shoulders and upper arms. It is usually resulted from trauma during delivery and can cause weakness or even paralysis of one arm. Many infants who suffer from the condition struggle to crawl or lift their weight.

This kind of birth injury usually occurs when breech or difficult deliveries. When a baby gets stuck in the birth canal doctors have to use force to get it out. This can cause damage or strain the nerves of the neck of the child. This kind of birth trauma is referred to as shoulder dystocia, and is the main cause of Erb's Palsy. It is the leading cause for permanent paralysis of newborns.

What can erb's palsy law firm Palsy Lawyers Help Me?

There are laws in force called statutes of limitation which limit the time families can take legal action following a medical mistake that causes an injury similar to Erb's palsy. A lawyer can assist you file a lawsuit against Erb's Palsy even if the statute of limitations has run out. Your attorney will work closely with you and your family to determine whether your child's injury is due to medical negligence. They will engage medical professionals to examine your child's medical records and provide their opinion. This is called establishing the standard of care for your case.

Erb's palsy is a form of brachial-plexus palsy. It affects your child's movements and sensory responses. This condition is caused by an injury to the nerves in the brachial nerve during birth. When shoulder dystocia occurs, it is usually caused by medical personnel using excessive pressure when delivering the baby. This can cause compression and stretch, or even tear neck nerves.

Children suffering from Erb's palsy need continuous rehabilitation and physiotherapy. They may also need to purchase adaptive equipment for their homes. The compensation a judge awards can help the family with these costs.