How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors do not fulfill their duties of care and cause injuries or worsening of an existing condition. Erb's palsy cases are no different.

Families may be able to receive compensation for an injury to the brachial plexus that could have been avoided. It can also bring the feeling of closure for the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth defect that can cause young people to develop weakness in one or both arms. The condition can also affect how they move around, use their fingers and hold objects with their hands. Often, a young person will need to undergo physiotherapy or other surgical procedures to improve their mobility.

The condition can occur when an infant's shoulders and neck are stretched beyond what they should be in difficult births. It can cause nerve injuries to the brachialplexus. This is an area of primary nerves which runs from the infant's head down to the arm and hand.

This happens when doctors or midwives are too firm on the baby's head during delivery, especially if the child is in the breech position. It can also happen when a medical professional applies too much force with vacuum extractors or forceps, stretching the neck of the newborn. Families may be able to recover compensation for the expense of treatment by filing Erb's Palsy claims. Many of these cases are settled outside of court, avoiding lengthy trial proceedings.

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 cover your child's medical treatment and therapy equipment, adaptive equipment, as well as future education.

Erb's syndrome is caused by the tendons and nerves in the shoulder of your child are stretched or damaged during labor or delivery. The injury could be caused by a variety of factors, including a lengthy, complex labor or delivery, an induction, baby who is too large or breech, or complications after the birth of a previous baby.

When you file an Erb's palsy lawsuit the legal team will gather evidence from medical records and other sources to support your claim. They will then try to negotiate a settlement agreement with the defendants in the case. In an agreement, both sides will be paid a sum and the case will close. If a settlement isn't feasible your case will be sent to trial. The jury will hear both sides and decide whether they were the ones responsible for the injury suffered by your child.

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

You could receive compensation that can change your life, regardless of whether your child's brachial-plexus is affected by an Erb's Palsy injury or another birth injury. Your lawyer will hold medical professionals accountable for their negligence in causing your child's injury.

Doctors and nurses are required to ensure the highest level of care when giving birth to babies. They could cause injuries if they fail to follow. If your child sustained an Erb's palsy injury it could have been prevented.

A seasoned lawyer will be able conduct a thorough investigation in order to discover evidence of negligence. They can also work with the at-fault person's lawyers to avoid a trial and get the compensation as quickly as they can. Getting compensation can help cover the cost of your child's rehabilitation, medical treatment, essential adaptive equipment, and therapy costs. Compensation can also compensate for lost wages if you or someone in your family was forced to take time off from work to care for your children. The time limit or deadline for erb's palsy filing lawsuits, differs by state.

How do I choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney with the legal expertise to know the medical aspects involved in these cases and determination to take on 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 case evaluation for families who suspect their child may have suffered a preventable birth injury.

Erb's Palsy refers to an injury to the brachial plexus that affects the upper and lower shoulders as well as the upper arms. It is typically resulted from trauma during delivery and can result in weakness or even paralysis of one arm. Most infants with this condition are unable to lift their body weight or crawling.

This type of birth injury is seen typically during breech or difficult delivery. When a baby is trapped in the birth canal doctors must use force to get it out. This can damage or strain the nerves of the neck of the baby. This type of birth trauma is referred to as shoulder dystocia, and is the main cause of erb's palsy attorney palsy. It is the most prevalent reason for permanent paralysis in newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in place known as statutes of limitations which limit the time families can take legal action after a medical error causes an injury like Erb's palsy. However, a lawyer can help you file an Erb's palsy lawsuit even after this window is over. Your lawyer will work with your family to determine if the injury suffered by your child was caused by medical malpractice. They will engage medical professionals to review your child's medical records and offer their opinions. This is known as the establishment of the standard of care that applies to your particular situation.

Erb's palsy is a form of brachial plexus palsy that affects the movement and sensory response in your child's arm. This condition is caused by an injury to the nerves within the brachial nerve during the birth. In cases of shoulder dystocia, it is typically caused by medical personnel applying excessive pressure to deliver the baby. This may compress and stretch or tear the neck nerves.

Children with Erb's palsy require continuous rehabilitation and physiotherapy. They may also require get adaptive equipment for their homes. The compensation granted by the court can aid you and Erb's palsy your family cover these costs.