How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor is negligent in their duty of care for you, leading to injury or an existing condition worsening. Erb's palsy cases are no different.

The filing of a successful claim could be a way to compensate families for their child's brachial plexus injury. It can also bring a sense of closure for the family.

What is an 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. Young people may have to undergo physiotherapy or other surgical procedures to improve their mobility.

The condition occurs when the shoulders and neck are strained over what they ought to be during difficult births. It could cause nerve damage to the brachialplexus. This is a network of primary nerves which runs from the infant's head down to his arm and hand.

This happens when doctors or midwives push too hard on the head of a newborn during birth especially if the child is in the breech position. It could also occur when a medical professional applies too much force using vacuum extractors or forceps stretching the neck of a newborn. Erb's palsy claims can help families receive compensation to pay the cost of treatment. The majority of these cases are settled outside of court, which avoids lengthy trial proceedings.

How do I file an Erb's palsy claim?

You may be eligible for compensation If your child was identified with the condition Erb's palsy by medical experts involved in their birth. A legal claim can help you pay for your child's medical care as well as the necessary adaptive equipment therapy, and even future education.

Erb's palsy occurs when the nerves and tendons in your child's shoulder are stretched or damaged during the birth or during labor. The cause of this injury can be several factors, including a prolonged or complex labor, an uninvolved labor, a big baby, breech presentation or complications from an earlier delivery.

When you file an Erb's Palsy lawsuit, your legal team will collect evidence from medical records as well as other sources to support your claim. Then, they'll attempt to negotiate a settlement with the defendants. In an agreement, both sides will be paid a sum and the case will close. If a settlement is not possible your case will be sent to trial. The jury will listen to both sides' arguments and then decide who was responsible for the child's injuries.

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

You could be awarded an amount of money that can transform your life no matter the fact that your child's brachial plexus was affected by an Erb's Palsy injury or Erb's palsy lawsuit any other type of birth injury. Your lawyer will hold health professionals responsible for their negligence in causing your child's injury.

Nurses and doctors are required to maintain the highest standards of care during the birth of babies. If they do not adhere to this they could inflict injuries. It is possible to prevent Erb's Palsy in your child.

An experienced lawyer will be able to conduct an exhaustive investigation to uncover evidence of negligence. They can also negotiate with the at-fault party's attorneys to avoid a trial and obtain the maximum amount of compensation as quickly as is possible. Getting compensation can help cover the costs of your child's medical treatment, rehabilitation and essential adaptive equipment and therapy expenses. Compensation can also cover lost wages if you or another family member had to take time off work to care for your child. The statute of limitations or the time limit for filing a lawsuit, is different per state.

How Do I Choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer with the legal expertise to comprehend the medical aspects involved in these cases and determination to challenge insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy attorneys have both of these qualities, and can provide a thorough evaluation of the case for families who suspect that their child has suffered a preventable birth injury.

Erb's Palsy is an injury to the brachial plexus that affects the shoulders and upper arms. It is usually caused by a trauma during childbirth and can cause weakness or paralysis in one arm. The majority of infants suffering from the condition have difficulty crawling or lifting their weight.

This type of birth injury typically occurs during difficult or breech deliveries. When a baby gets stuck in the birth canal, medical professionals must exert force to help them out which can stretch or damage nerves in the neck of the child. This kind of birth trauma, also referred to as shoulder dystocia is the primary cause of Erb’s palsy. It is the leading cause of permanent paralysis for newborns.

What can Erb's Palsy Lawyers help me?

There are laws in force that are known as statutes of limitations which limit the length of time families can pursue legal action after a medical mishap causes an injury similar to Erb's palsy. However an attorney can help you file an erb's palsy lawsuit, watch this video, after this time has passed. Your lawyer will work with your family to determine if the injury suffered by your child was caused by medical malpractice. They will hire medical professionals who will examine your child's records and give their opinion. This is known as setting the standard of care for your situation.

Erb's Syndrome is one form of brachial-plexus palsy. It affects your child's movements and sensory responses. The condition occurs when the brachialplexus' nerves are injured during birth. It is usually caused by medical professionals using 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 need regular rehabilitation and physiotherapy. They also may need to get adaptive equipment for their homes. Compensation awarded by a court can help the family pay for these costs.