How to File an Erb's Palsy Claim

Medical negligence occurs when doctors do not fulfill their duty of care which results in injuries or the worsening of an existing condition. Erb's cases of palsy are not different.

If a claim is successful, it can award families compensation for their child's avoidable brachial plexus injury. It could also provide feelings of closure for the family.

What is Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also affect how they walk, use their fingers and hold objects with their hands. In most cases, Erb's Palsy lawyers a young person is required to undergo physiotherapy or other surgical procedures to improve their mobility.

This condition occurs when the baby's neck and shoulders are stretched beyond the normal during births that are difficult. It can cause nerve damage to the brachial-plexus, a network of five nerves that are located from the neck of the infant down to the hand and arm that control movement and feel.

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

How Do I File an Erb's Claim?

You could be entitled to compensation If your child was identified with Erb’s palsy by the medical experts involved in their birth. You can file a legal claim to cover the medical treatment of your child and therapy equipment, adaptive equipment as well as future education.

Erb's Palsy occurs when the nerves or tendons of your child's shoulders are stretched or damaged during delivery or labor. The injury could result from many causes, such as a long or difficult labor, inducing labor, a large baby, a breech appearance, or complications from a previous delivery.

If you file an Erb's palsy lawsuit and have your legal team gather evidence from medical records and other sources to support your claim. They will then attempt to reach a deal with the defendants in the case. Both sides will be awarded a settlement and the case will be closed. If a settlement is not reached, your case will be brought to trial. The jury will listen to both sides and decide whether they are at fault for the harm 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 receive legal justice and life-changing compensation. Your lawyer can hold medical professionals accountable for their negligence in causing your child's injury.

Nurses and doctors have a duty to adhere to a high standard of care during delivery. They can cause injuries if they do not. If your child suffered an injury from Erb's Palsy it could have been prevented.

A seasoned lawyer will be able conduct an exhaustive investigation to identify evidence of negligence. They may also be able to negotiate directly with the attorneys of the party responsible to avoid a trial and obtain compensation as soon as they can. Compensation can be used to cover the cost of your child's medical therapy, therapy and adaptive equipment as well as rehabilitation. Compensation can also be used to pay for lost wages if you or another family member has had to miss work to care for your child. The time-limit, or deadline for filing a lawsuit, is different per state.

How do I select an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires an attorney with the legal expertise to know the medical issues involved in these cases and the determination to take on insurance companies that deny victims compensation they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can offer a thorough case review 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 plexus, which affects upper arms and shoulders. It is typically caused by a trauma during birth and can result in weakness or paralysis in one arm. Most infants with the condition have difficulty crawling or lifting their weight.

This type of birth injury is seen most often during difficult or breech delivery. If a baby is stuck in the birthing canal, doctors will use force to get it out. This could cause damage or strain the nerves of the child's neck. This type of birth trauma is known as shoulder dystocia, and is the leading cause of Erb's syndrome. It is the leading reason for permanent paralysis in newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws, known as statutes, that limit how long families can file a suit after an error in medicine can cause an injury like Erb's Palsy. A lawyer can assist you file a lawsuit for Erb's palsy even after the statute of limitations has run out. Your attorney will work with your family members to determine if the injury of your child was due to medical negligence. They will engage medical professionals who will review the records of your child and provide their opinion. This is referred to as establishing the standards of care in your case.

Erb's palsy is a form of brachial plexus syndrome that affects the movement and sensory response in your child's arm. This condition is caused by an injury to the nerves in the brachial plexus during the birth. It is most often due to medical staff using excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch or tear the neck nerves.

Children with Erb's syndrome require continuous rehabilitation and physiotherapy. They may also require adaptive equipment for their homes. Compensation granted by a court could help your family pay for these costs.