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Medical malpractice occurs when doctors fail to perform their duty of care, resulting in injury or worsening an existing condition. Erb's palsy cases are no different.
Filing a successful claim can be a way to compensate families for their child's recurrable brachial plexus injury. It also provides peace for the 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 impact how they move, hold objects with their hand and use their fingers. Often, a young person will need to undergo physical therapy and other surgical procedures to improve their mobility.
This happens when the baby's neck and shoulders are stretched beyond the normal during births that are difficult. It can cause nerve damage to the brachial-plexus which is a network of five nerves primary that extend from the neck of the baby down to the arm and hand which control movement and sensation.
It can be caused by midwives or doctors pushing too hard on the head during the delivery, especially when a child is in a forward position. It could also happen when medical professionals use forceps or a vacuum extractor and applies too much pressure, stretching the newborn's neck. Families can recover compensation for the costs of treatment by filing Erb's Palsy claims. The majority of these cases are settled outside of court, which avoids lengthy trial procedures.
How do I file an Erb's palsy claim?
You may be eligible for compensation in the event that your child was diagnosed with Erb's Palsy by the medical professionals involved in their birth. You can use a legal claim to cover your child's medical treatment, adaptive equipment, therapy as well as future education.
Erb's Palsy happens when the muscles or nerves in your child's shoulders are stretched or damaged during labor or delivery. This injury can result from a variety of factors, such as a prolonged, complicated labor or an induction, a large or breech baby or complications after the birth of a previous baby.
If you file an Erb's Palsy lawsuit and your legal team will collect evidence from medical records and other sources to support your claim. Then, they'll try to reach a settlement with the defendants. Both sides will be awarded a settlement, and the case will be closed. If a settlement isn't possible, your case will go to trial. The jury will examine both sides and lawsuit decide whether they were the ones responsible for the injury suffered by your child.
What is the Statute of Limitations for Erb's Palsy Cases
If your child's brachial nerve was paralyzed as a result of an erb's palsy law firms injury or lawsuit another type of birth injury, it is possible to receive legal justice and life-changing compensation. Your lawyer can hold medical professionals accountable for their negligence in causing the injury to your child.
Doctors and nurses have obligations to uphold an extremely high standard of care during delivery. They can cause injuries if they fail to follow. If your child has suffered an Erb's palsy injury it could have been prevented.
An experienced lawyer can conduct an extensive investigation and uncover evidence of negligence. They may also be able to negotiate directly with the attorneys of the person responsible to avoid a trial and receive compensation as fast as they can. Compensation may cover the cost of your child's therapy, medical care or adaptive equipment, as well as rehabilitation. Compensation can also be used to pay for lost wages if a family member has had to take time off to care for your child. The time period for filing a lawsuit or the time limit for filing a lawsuit, varies by state.
How do I select an Erb's Palsy lawyer?
A successful Erb's Palsy claim requires an attorney who has the legal knowledge to comprehend the medical aspects involved in these cases, as well as the determination to fight insurance companies that deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can provide a thorough case review for families who suspect that their child has suffered a preventable birth injury.
Erb's Palsy refers to an injury to the brachial nerve that affects shoulders and upper arms. It is usually result of a trauma that occurs during childbirth and can cause weakness or paralysis in one arm. Most infants with this condition struggle to lift their body weight or crawling.
This type of birth injury occurs most often when a breech or difficult birth occurs. When a baby gets stuck in the birthing canal doctors must apply force to push it out. This can cause damage or stretch the nerves in the child's neck. This kind of birth trauma is referred to as shoulder dystocia and is the leading cause of the Erb's condition. It is also the most common cause of permanent paralysis in newborns.
How Can Erb's Palsy Lawyers assist me?
There are laws, referred to as statutes, that limit how long a family can file a lawsuit after a medical mistake causes an injury such as Erb's Palsy. However an attorney can assist to file an Erb's psy lawsuit after this time is over. Your attorney will work with your family members to determine if your child's injury was due to medical negligence. They will engage medical professionals who will look over your child's records and give their opinion. This is referred to as establishing the relevant standard of care for your situation.
Erb's spalsy is one type of brachial plexus syndrome that affects the movements and sensory responses in your child's arm. This condition is caused by an injury to the nerves in the brachial plexus at birth. It is often due to medical staff applying 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 suffering from Erb's palsy need continuous rehabilitation and physical therapy. Additionally, they may require adaptive equipment for their homes. The compensation awarded by the court can help your family and you to pay these expenses.
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