How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to fulfill their obligations to patients and cause injuries or worsening of an existing condition. Erb's palsy cases are no different.

If a claim is successful, it can be a way to compensate families for their child's brachial plexus injury. It can also bring peace for the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth defect that can cause young people to develop weakening in one or both arms. The condition can also impact how they move, hold objects in their hands and use their fingers. A child may have to undergo physiotherapy or surgical procedures in order to improve their mobility.

The condition can occur when the neck and shoulders are strained beyond what they should be during difficult births. It could cause nerve damage to the brachial area, a network of five nerves primary that run from the baby's neck down to the hand and arm, managing movement and feeling.

This happens when midwives or doctors apply too much pressure to the baby's head during delivery especially if the child is in the breech position. It can also occur when medical professionals use forceps or a vacuum extractor, and applies too much pressure, causing stretching of the neck of the newborn. Families can get compensation for the expense of treatment by filing Erb's Palsy claims. Most of these cases are settled outside of court, which avoids long trial processes.

How Do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's palsy, you may be entitled to compensation from the medical professionals who were involved in their child's birth. You can file a legal claim to pay for the medical treatment of your child or adaptive equipment, therapy and even future education.

Erb's Palsy happens when the muscles or nerves in your child's shoulders are damaged or stretched during labor or delivery. This injury can be caused by several factors, including prolonged, complicated labor or induction, a large or breech baby, or complications following an earlier birth.

If 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 reach a settlement with the defendants. Both sides will be awarded a settlement, and the case will be closed. If a settlement cannot be reached, your case could go to trial. The jury will consider both sides' arguments and determine who is responsible for your child's injury.

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

You could receive compensation that can change your life, no matter whether your child's brachial-plexus was affected by an Erb's Palsy injury or any other type of birth injury. Your lawyer can hold the health care professionals accountable for their negligence in causing your child's injury.

Doctors and nurses have a duty to adhere to the highest standards of care during the birth. If they do not adhere to this, they can cause injuries. If your child has suffered an Erb's palsy injury it could have been avoided.

A skilled lawyer will be able conduct a thorough investigation in order to find evidence of negligence. They can also negotiate with the responsible party's attorneys to avoid trial and secure the maximum amount of compensation as quickly as is possible. Compensation can help pay for the cost of your child's rehabilitation, medical care, essential adaptive equipment, and therapy expenses. Compensation can also be used to cover lost earnings if you or someone in your family needed to take time off from work to take care of your children. The statute of limitations or the time limit to file an action, is different for each state.

How Do I Choose 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 fight insurance companies that deny victims the money they deserve. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can provide a thorough review of the case for families who suspect their child has suffered a birth injury that could have been prevented.

Erb's palsy is an injury to the brachial nerve that affects the upper and lower shoulders as well as the upper arms. It is usually caused by trauma during birth, and can lead to weakness or paralysis in one arm. Most infants affected by this condition are unable to lift their weight or even crawling.

This kind of birth injury is seen most often during difficult or breech delivery. When a baby is trapped in the birthing canal, doctors must use force to get it out. This could cause damage or stretch the nerves in the neck of the baby. This type 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 Lawyers Help Me?

There are laws in force, called statutes of limitations which limit the length of time families can pursue legal action after a medical error causes an injury like erb's palsy law firms palsy. However lawyers can help you file an Erb's palsy lawsuit after this time has closed. Your lawyer will work closely with you and your family to determine whether your child's injuries are the result of negligence in the medical field. They will hire medical professionals who will look over 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 Syndrome is one form of brachial-plexus aplasia. It affects your child's movements and sensory responses. This is caused when the brachialplexus's nerves are injured during the birth. It is usually caused by medical professionals using excessive force to deliver the baby in cases of shoulder dystocia, which can compress, stretch or tear the neck nerves.

Children with Erb's palsy require ongoing rehabilitation and physical therapy. Additionally, they may require adaptive equipment for their homes. The compensation awarded by a court can help your family to pay for these expenses.