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Medical malpractice happens when a doctor fails to provide taking care of you, leading to injury or a health condition that is getting worse. Erb's palsy cases are no different.
A successful claim can give families compensation for their child's avoidable brachial plexus injury. It could also provide an emotional sense of closure to the entire family.
What is Erb's Palsy Claim?
Erb's palsy is a birth defect that can cause young people to develop weakness in either or both arms. The condition can also affect their ability to move, hold objects with their hands, and use their fingers. A young person may need to undergo physiotherapy or surgical procedures to improve their mobility.
The condition occurs when the shoulders and neck are straining over and above what they should be during births that are difficult. It can result in nerve injury to the brachialplexus, a network of primary nerves which runs from the infant's head down to his hand and arm.
It could be caused by doctors or midwives pulling too hard on the head during the delivery, especially when a child is in an Breech position. It could also occur when a medical professional uses excessive force with vacuum extractors or forceps, pulling the neck of the newborn. Families can seek compensation for the costs of treatment by filing Erb's Palsy claims. Most of these cases are settled out of court, avoiding long trial processes.
How do I File an Erb's Palsy Claim?
If your child was diagnosed with Erb's palsy, you may be entitled to compensation from the medical professionals involved in their birth. You can make a claim to pay for your child's medical treatment, therapy equipment, adaptive equipment, as well as future education.
Erb's Palsy occurs when the muscles or nerves in your child's shoulders are stretched or damaged during delivery or labor. The injury could be caused by a number factors, including a long, complicated labor or induction, a large or breech baby, or complications after the birth of a previous baby.
If you file an Erb's palsy lawsuit the legal team will collect evidence from medical records and other sources to back your claim. They will then try to reach a settlement with the defendants in the case. Both sides will receive an agreement, and the case will be closed. If a settlement is not possible the case will go to trial. The jury will consider both sides' arguments and decide who is responsible for the injuries your child sustained.
What is the Statute of Limitations in Erb's Palsy Cases?
You can get compensation that can change your life, irrespective of whether your child's brachial-plexus is disabled due to an Erb's Palsy injury or any other type of birth injury. Your lawyer will hold health professionals responsible for their negligence in causing the injury to your child.
Doctors and nurses are bound by the obligation to maintain the highest standards of medical care during the birth. They could cause injuries if they don't. If your child has suffered an Erb's palsy injury the injury could have been prevented.
A seasoned lawyer will be able to conduct an extensive investigation to find evidence of negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and get compensation as quickly as possible. Compensation can cover the costs of your child's medical therapy, erb's palsy therapy, adaptive equipment and rehabilitation. Compensation may also help cover the loss of wages if your family member was forced to take time off from work to take care of your children. The statute of limitations or the deadline to file lawsuits, is different for each state.
How Do I Choose an Erb's Palsy Lawyer?
A successful Erb's Palsy claim requires an attorney who has the legal knowledge to be aware of the medical aspects involved in these cases as well as the tenacity to fight the insurance companies that deny victims the money they are entitled to. 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 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 often caused by a birth trauma and can result in weakness or even paralysis of one arm. Most infants with the condition are unable to crawl or lift their weight.
This type of birth injury is seen most often in breech births that are difficult or difficult to deliver. When a baby gets stuck in the birth canal, medical professionals must exert force to free them which may strain or harm the nerves in the neck of the child. This type of birth trauma is referred to as shoulder dystocia, and is the main cause of Erb's palsy. It is also the most common cause of permanent paralysis among newborns.
How Can Erb's Palsy Lawyers Help Me?
There are laws in place known as statutes of limitations, that restrict how long families are allowed to file legal actions following a medical mistake that causes an injury like Erb's palsy. However an attorney can help you file an Erb's palsy lawsuit even if this time frame has passed. Your lawyer will work closely with you and your family to determine whether your child's injuries are due to negligence in the medical field. They will recruit medical experts to review your child's medical records and give their opinion. This is known as the establishment of the standard of care for your situation.
Erb's palsy is a form of brachial-plexus aplasia. It affects your child's movement and sensory responses. The cause is an injury to the nerves in the brachial area during birth. It is typically caused by medical personnel using excessive force to deliver the baby in cases of shoulder dystocia, which can result in compression, stretching, or tear the nerves in the neck.
Children with Erb's palsy require regular rehabilitation and physiotherapy. They may also need to acquire adaptive equipment for their homes. The compensation a judge awards will help your family to pay for these expenses.
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