How to File an Erb's Palsy Claim

Medical negligence occurs when a physician is negligent in their duty of taking care of you, leading to injury or a condition getting worse. Erb's Palsy cases aren't any different.

Families can be compensated for an injury to the brachial nerve that was preventable. It could also provide the feeling of closure for the entire family.

What is Erb's Palsy Claim?

Erb's palsy is a birth injury that can leave young people with weakening in one or both arms. The condition can also affect how they walk, use their fingers and hold objects with their hands. Often, a young person may require physiotherapy or other surgical procedures to improve their mobility.

The condition can occur when the neck and shoulders are strained over what they ought to be in difficult births. It can cause nerve damage to the brachial nerve, a network of five nerves that extend from the neck of the baby down to the arm and hand which control movement and sensation.

This happens when midwives or doctors push too hard on the head of a newborn during birth particularly if the child is in the breech position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, stretching the newborn's neck. Erb's claims for palsy can help families receive compensation to pay the cost of treatment. A majority of these cases are settled outside of court, Erb's palsy lawyer avoiding lengthy trial proceedings.

How Do I File an Erb's Palsy Claim?

If your child was diagnosed with the condition Erb's palsy you may be entitled to compensation from the medical professionals who were involved in the birth of your child. A legal claim can aid in the payment of your child's medical treatments and adaptive equipment that is required for therapy, and education in the future.

Erb's Palsy happens when the muscles or nerves of your child's shoulders are stretched or damaged during labor or delivery. This injury can be caused by several factors, such as a long, complicated labor or delivery, an induction, large or breech baby, or complications following previous births.

Your legal team will collect evidence from medical records and other sources, to back your claim when you file a lawsuit for Erb's Palsy. They will then try to reach a deal with the defendants in the case. In the event of a settlement, both sides will receive a cash settlement and the case will come to an end. If a settlement is not possible, your case will go to trial. The jury will consider both sides and determine whether they were responsible for the harm suffered by your child.

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

You could be awarded compensation that can change your life, regardless of the fact that your child's brachial plexus was crippled due to an injury from Erb's Palsy or any other type of birth injury. Your lawyer can seek to pursue the health professionals who caused the injury of your child to be held accountable for their medical negligence.

Doctors and Erb's palsy lawyer nurses are required to ensure a high level of care when they deliver babies. They can cause injuries if they don't. If your child sustained an injury to the Erb's palsy, it could have been prevented.

A skilled lawyer can conduct an extensive investigation and discover evidence of negligent actions. They can also directly negotiate with the attorneys of the party who is at fault to avoid a trial and receive compensation as fast as they can. Compensation can be used to cover the cost of your child's therapy, medical care or adaptive equipment, as well as rehabilitation. Compensation can also cover lost earnings if you or a family member has had to take time off to care for your child. The statute of limitation, or deadline to file lawsuits, varies by state.

How do I Select an Erb's Palsy Lawyer?

To win an Erb's Palsy case, you'll need an attorney with the legal expertise and tenacity necessary to challenge insurance companies who refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can provide a thorough review of the case for families who suspect that their child has suffered a birth injury that could have been prevented.

Erb's Palsy is an injury to the brachial plexus, which affects shoulders and upper arms. It is usually caused by trauma during birth and can result in weakness or paralysis in one arm. Many infants suffering from this condition struggle to lift their weight or even crawling.

This kind of birth injury is most often during breech or difficult delivery. If a baby becomes stuck in the birth canal, medical professionals need to apply the force necessary to free them which may stretch or damage the nerves that run through the neck of the infant. This kind 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.

How Do Erb's Palsy Lawyers Help Me?

There are laws in place called statutes of limitation which limit the length of time families can take legal action when a medical error results in an injury like Erb's palsy. A lawyer can still help you file a lawsuit against Erb's palsy even after the statute of limitations has expired. Your attorney will work with your family to determine if your child's injury was the result of medical malpractice. They will engage medical professionals to look over the medical records of your child and offer their opinion. This is known as establishing the appropriate standard of care in your situation.

Erb's palsy is a form of brachial plexus palsy. It affects your child's movements and sensory responses. This condition is caused by the nerves of the brachialplexus are injured during birth. In cases of shoulder dystocia, it is typically caused by the medical staff applying excessive pressure to deliver the baby. This can compress and stretch or tear the neck nerves.

Children with Erb's palsy require regular rehabilitation and physiotherapy. They might also have to obtain adaptive equipment for their homes. The compensation awarded by court can aid your family and you pay these costs.