How to File an Erb's Palsy Claim

Medical negligence is when doctors fail to perform their obligations to patients which results in injury or worsening an existing condition. Erb's cases aren't any different.

Filing a successful claim can award families compensation for their child's brachial plexus injury. It can also provide closure for the entire family.

What is an Erb's palsy Claim?

Erb's palsy is a birth defect that can cause young people to develop weakness in one or both arms. The condition can affect how they move, hold objects in their hands, and use their fingers. Most often, a child will need to undergo physical therapy as well as undergo other surgical procedures to improve their mobility.

This is a condition that occurs when the baby's neck and shoulders are stretched beyond the normal during births that are difficult. It can cause nerve injury to the brachialplexus. It is a network of primary nerves which runs from the infant's head to his hand and arm.

This happens when doctors or Erb's midwives are too firm on a child's head during delivery especially if the child is in the breech position. It can also happen when a medical professional applies excessive force using vacuum extractors or forceps stretching the neck of a newborn. Erb's palsy claims can help families get compensation to cover the costs of treatment. A majority of these cases are settled outside of court, avoiding long trial processes.

How Do I Filing an Erb's Palsy 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 can assist you in paying for your child's medical treatments and adaptive equipment that is required for therapy, and even future education.

Erb's palsy occurs when the nerves and tendons in your child's shoulder become stretched or damaged during the birth or during labor. The cause of this condition can be various reasons, such as a lengthy or difficult labor, induced labor, a large baby, breech presentation, or complications resulting from a previous delivery.

When you file an Erb's Palsy lawsuit and your legal team will collect evidence from medical records and other sources to back your claim. Then, they'll attempt to negotiate a settlement with the defendants. In an agreement, both sides will receive a cash settlement and the case will come to an end. If a settlement is not possible your case will be sent to trial. The jury will consider both sides and Erb's determine whether they were the ones responsible for the harm suffered by your child.

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

You can receive compensation that will alter your life, regardless of whether your child's brachial-plexus is affected by an injury from Erb's Palsy or another birth injury. Your lawyer can seek to pursue the health professionals who caused the child's injury and ensure that they are held accountable for their medical negligence.

Nurses and doctors are required to adhere to obligations to uphold an extremely high standard of care during the process of giving birth. They could cause injuries if they fail to follow. If your child has suffered an injury referred to as Erb's-Palsy the injury could have been avoided.

An experienced lawyer can conduct an extensive investigation to find evidence of negligence. They can also work with the at-fault person's lawyers to avoid trial and secure compensation as quickly as possible. Compensation can help pay for the cost of your child's medical treatment, rehabilitation, essential adaptive equipment, and therapy expenses. Compensation can also be used to cover lost wages if one of your family members was forced to take time off from work to take care of your children. The statute of limitation or deadline to file an action, is different for each state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer with the legal expertise to comprehend the medical issues involved in these cases and determination to fight insurance companies that deny victims the money they deserve. Our Brooklyn Erb's Palsy lawyers have both of these skills and can provide a thorough review of the case for families that suspect their child has suffered a preventable birth injury.

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 birth and can result in weakness or even paralysis of one arm. The majority of infants affected are unable to crawl or lift their weight.

This kind of birth injury typically occurs in breech births that are difficult or painful. If a baby becomes stuck in the birthing canal doctors must employ force to get it out. This can cause damage or stretch the nerves in 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 most common cause of permanent paralysis for newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in place, called statutes of limitations, that restrict how long families can pursue legal action after a medical mishap causes an injury such as Erb's Palsy. However, a lawyer can help you file an Erb's-related lawsuit even after this window has expired. Your lawyer will work closely with your family to determine if your child's injuries are due to negligence on the part of a medical professional. They will hire medical professionals to evaluate your child's medical records and give their opinion. This is referred to as establishing the appropriate standard of care in your case.

Erb's Syndrome is one form of brachial-plexus aplasia. It affects your child's movements and sensory responses. The condition occurs when the brachialplexus's nerves are injured during the 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 nerves in the neck.

Children suffering from Erb's palsy require ongoing rehabilitation and physiotherapy. They also may need to get adaptive equipment for their homes. The compensation awarded by the court could help your family and you to pay these costs.