How to File an Erb's Palsy Claim

Medical malpractice is when a physician fails in their duty of taking care of you, leading to injury or an existing condition getting worse. Erb's Palsy cases are not any different.

Families may be able to receive compensation for an injury to the brachial nerve which could have been prevented. It also can provide closure for the entire family.

What is Erb's Palsy Claim?

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

The condition develops when an infant's shoulders and neck are strained beyond what they are supposed to be during difficult births. It could result in nerve damage to the brachial-plexus which is a network of five primary nerves that are located from the neck of the infant down to the hand and arm, managing movement and feeling.

This can happen when midwives or doctors are too firm on the baby's head during delivery particularly if the child is in the breech position. It could also occur when a medical professional applies excessive force using vacuum extractors or forceps stretching the neck of the newborn. Families can recover compensation for the costs of treatment by filing Erb's Palsy claims. The majority of these cases are settled out of court, thus avoiding long trial processes.

How Do I Do I File an Erb's 'Palsy Claim?

You could be entitled to compensation if your child was diagnosed with the condition Erb's palsy by medical experts involved in their birth. You can file a legal claim to cover your child's medical care and adaptive equipment, therapy as well as future education.

Erb's palsy occurs when the nerves and tendons of your child's shoulder become stretched or damaged during the birth or during labor. The cause of this condition can be many factors, including a long or complicated labor, an induced labor, a large baby, breech presentation, Erb's Palsy Lawyers 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. They will then try to negotiate a settlement with the defendants in the case. In the event of a settlement, both parties will receive a payout and the case will be closed. If a settlement is not possible, your case will go to trial. The jury will be able to hear both sides' arguments and determine the person responsible for the injury your child sustained.

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

You could receive compensation that can change your life no matter the fact that your child's brachial plexus was paralysed due to an injury caused by Erb's or any other type of birth injury. Your lawyer can pursue the medical professionals responsible for the child's injury and be held accountable for their medical negligence.

Doctors and nurses are bound by an obligation to observe the highest standards of medical care during the process of giving birth. If they fail to do so they could cause injuries. If your child suffered an Erb's palsy injury, it could have been prevented.

An experienced lawyer will be able to conduct an exhaustive investigation to find evidence of negligence. They can also work directly with the attorneys of the person responsible to avoid a court trial and get compensation as fast as they can. Compensation can cover the costs of your child's medical treatment, therapy, adaptive equipment and rehabilitation. Compensation may also cover lost wages if a family member had to take time off work to care for your child. The statute of limitations or the deadline for filing an action, is different for each state.

How do I pick an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires an attorney with the legal expertise to be aware of the medical issues that arise in these cases as well as the determination to challenge insurance companies that deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these attributes and can provide a thorough review of the case for families that suspect their child suffered a preventable birth injury.

Erb's Palsy is an injury to the brachial plexus, which affects the shoulders and upper arms. Most often, it is result of a trauma that occurs during childbirth and can cause weakness or paralysis in one arm. The majority of infants suffering from the condition are unable to crawl or lift their weight.

This kind of birth injury usually occurs during breech or difficult births. When a baby gets stuck in the birth canal, medical professionals have to exert pressure to free them and cause damage or stretching of the nerves that run through the neck of the infant. This kind of birth trauma is referred to as shoulder dystocia, and is the leading cause of erb's palsy law firms palsy. It is also the most frequent cause of permanent paralysis among newborns.

What can Erb's Palsy Lawyers help me?

There are laws, also known as statutes which limit the time families can file a lawsuit when a medical mistake results in an injury, such as Erb's palsy. However an attorney can help you file an Erb's palsy lawsuit even if this time frame has passed. Your attorney will work closely with your family to determine if your child's injury is caused by negligence in the medical field. They will employ medical professionals who will evaluate the medical records of your child and offer their opinion. This is referred to as establishing the relevant standards of care for your situation.

Erb's spalsy is one type of brachial plexus palsy that affects the sensory and erb's Palsy lawyers movement in your child's arm. The cause is an injury to the nerves in the brachial area during birth. It is usually caused by medical professionals applying excessive force to deliver the baby in cases of shoulder dystocia, which can compress, stretch or tear the nerves in the neck.

Children with Erb’s palsy need regular rehabilitation and physiotherapy. They also may require adaptive equipment for their homes. The compensation a judge awards can help your family to pay for these expenses.