How to File an Erb's Palsy Claim

Medical negligence is when doctors fail to perform their obligations to patients which results in injuries or the worsening of an existing condition. Erb's palsy cases are no different.

Filing a successful claim can award families compensation for their child's recurrable brachial plexus injury. It also can bring an emotional sense of closure to the entire family.

What is Erb's Palsy Claim?

Erb's palsy is a birth defect that can leave young people with weakness in either or both arms. The condition can also affect the way they move, use their fingers and hold objects in their hands. A young person will need to undergo physiotherapy and have other surgical procedures to improve their mobility.

This condition occurs when the baby's neck or shoulders are stretched beyond the normal during difficult births. It can result in nerve damage to the brachial nerve which is a system comprised of five nerves which run from the baby's neck down to the hand and arm controlling movement and sensation.

This can happen when midwives or doctors push too hard on the head of a newborn during birth especially if the child is in the breech position. It could also occur when a medical professional applies too much force with vacuum extractors or forceps stretching the neck of the newborn. Families can get compensation for the costs of treatment by filing Erb's Palsy claims. The majority of these cases are settled out of court, thus avoiding lengthy trial procedures.

How Do I File an Erb's Palsy Claim?

If your child was diagnosed with erb's palsy lawsuits palsy, you could be entitled to compensation from the medical professionals involved in their birth. You can make a claim to cover your child’s medical care or therapy equipment, adaptive equipment, and education in the future.

Erb's spalsy occurs when tendons or nerves of your child's shoulders are damaged or stretched during labor or delivery. The cause of this condition can be a number of factors, including a prolonged or complicated labor, induced labor, a large baby, a breech appearance, or complications resulting from a previous birth.

When you file an Erb's palsy lawsuit the legal team will collect evidence from medical records as well as other sources to support your claim. They will then attempt to reach a settlement with the defendants in the case. In the event of a settlement, both parties will receive a payout and the case will be closed. If a settlement is not feasible your case will go to trial. The jury will listen to both sides and decide whether they were the ones responsible for the harm suffered by your child.

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

You can get an amount of money that can transform your life, regardless of whether your child's brachial-plexus is crippled due to an Erb's Palsy injury or any other type of birth injury. Your lawyer can sue the health care professionals responsible for the child's injury and make them accountable for their medical negligence.

Doctors and nurses are bound by a duty to adhere to a high standard of care during the process of giving birth. If they fail to adhere to this, they can cause injuries. If your child suffered an Erb's palsy injury, it could have been avoided.

An experienced lawyer can conduct a thorough investigation in order to uncover evidence of negligence. They can also negotiate directly with the attorneys of the party responsible to avoid a trial and get compensation as soon as they can. The compensation you receive can help cover the costs of your child's medical treatment, rehabilitation, essential adaptive equipment, and therapy expenses. Compensation may also help cover the loss of wages, if you or someone in your family needed to take time off from work to take care of your children. The statute of limitation or the time limit to file lawsuits, differs from state to 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 understand the medical aspects involved in these cases, as well as the tenacity to fight the insurance companies who deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these skills 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 a traumatic injury to the brachial plexus that affects upper arms and shoulders. It is usually caused by trauma during delivery and can cause weakness or even paralysis of one arm. The majority of infants suffering from the condition are unable to crawl or lift their weight.

This type of birth injury occurs usually during difficult or breech delivery. If a baby becomes stuck in the birth canal medical professionals have to exert the force necessary to free them which can cause damage or stretching of 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 most prevalent cause of permanent paralysis in newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in force known as statutes of limitations which limit the length of time families are able to pursue legal action after a medical error causes an injury like Erb's palsy. However an attorney can assist you file an Erb's palsy lawsuit after this time has expired. Your attorney will work with your family members to determine if your child's injury was caused by medical malpractice. They will hire medical professionals who will review the records of your child and provide their opinion. This is referred to as establishing the standard of care in your case.

Erb's Palsy is a type of brachial plexus palsy. It affects your child's movement and sensory responses. This condition is caused by an injury to the nerves in the brachial nerve during birth. In cases of shoulder dystocia it is typically caused by the medical team using excessive pressure to deliver the baby. This can cause compression and stretch, or even tear neck nerves.

Children with Erb's palsy require continuous rehabilitation and physical therapy. They may also require purchase adaptive equipment for their homes. The compensation awarded by court can help you and your family cover these expenses.