How to File an Erb's Palsy Claim

Medical malpractice happens when a doctor fails in their duty of treating you with care, resulting to injury or an existing condition getting worse. Erb's cases aren't any different.

Families can be compensated for an injury to the brachial nerve which could have been prevented. It could also provide a sense of closure for the entire family.

What is Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can impact how they move, hold objects in their hands, and use their fingers. Often, a young person will require physical therapy as well as undergo other surgical procedures to improve their mobility.

The condition is caused when the neck and shoulders are strained beyond what they should be in difficult births. It can result in nerve damage to the brachial area, a network of five nerves primary that extend from the neck of the baby down to the arm and hand controlling movement and sensation.

This can happen when doctors or midwives apply too much pressure to the head of a newborn during birth especially if the child is in the breech position. It can also happen when a medical professional uses too much force using vacuum extractors or forceps pushing the neck of the newborn. Families can seek compensation for the cost of treatment by filing Erb's-Palsy claims. The majority of these cases are settled out of court, which avoids lengthy trial procedures.

How do I file an Erb's Palsy claim?

You may be entitled to 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 pay for the medical treatment of your child or adaptive equipment, therapy and future education.

Erb's spalsy occurs when muscles or nerves of your child's shoulders are stretched or damaged during delivery or labor. The injury could result from a variety of reasons, including a prolonged, complicated labor or delivery, an induction, large or breech baby or complications after the birth of a previous baby.

Your legal team will collect evidence from medical records, and other sources, to support your claim when you make a claim for Erb's Palsy. They will then try to negotiate a settlement with the defendants. Both sides will receive an agreement and the case will be closed. If a settlement cannot be reached, the case may be heard in court. The jury will listen to both sides' arguments before deciding who is responsible for the injuries your child sustained.

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

Whether your child's brachial plexus was paralyzed as a result of an Erb's injury or another birth injury, you can receive legal justice and life-changing compensation. Your lawyer can sue the health care professionals responsible for your child's injuries to make them accountable for their medical negligence.

Nurses and doctors are required to maintain the highest standards of care when they deliver babies. If they fail to do so they could cause injuries. 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 negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and receive the compensation as quickly as they can. Compensation may cover the cost of your child's medical treatment, therapy, adaptive equipment and rehabilitation. Compensation can also pay for lost wages if you or a family member has had to work to care for your child. The statute of limitation or the deadline for filing a lawsuit, differs by state.

How do I choose an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to be aware of the medical issues involved in these cases as well as the determination to fight insurance companies that deny victims the compensation 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 that suspect their child suffered a preventable birth injury.

Erb's spalsy is one of the types of brachial plexus injury which affects the upper arms as well as shoulders. 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 struggle to crawl or lift their weight.

This kind of birth injury happens most often during breech or difficult delivery. When a baby is trapped in the birthing canal doctors have to make use of force to pull it out. This can cause damage or stretch the nerves of the child's neck. This type of birth trauma is known as shoulder dystocia, and is the most common cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis in newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws, also known as statutes that restrict the time a family is allowed to file a lawsuit if an error in medical care results in injury, erb's palsy Lawyers like Erb's Palsy. A lawyer can still help you file a lawsuit against Erb's palsy even after the statute of limitations has run out. Your lawyer will work with your family to determine if the injury of your child was caused by medical negligence. They will hire medical professionals who will review the medical records of your child and offer their opinion. This is known as the establishment of the standard of care that applies to your case.

Erb's palsy is a form of brachial plexus ailment that affects the sensory and movement in your child's arm. This is caused when the brachialplexus's nerves are injured during birth. In cases of shoulder dystocia it is typically caused by medical personnel using excessive pressure when delivering the baby. This may cause compression or stretch the neck nerves.

Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They may also need to purchase adaptive equipment for their home. Compensation awarded by a court could help your family with these costs.