How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to fulfill their duties of care, resulting in injuries or worsening of an existing condition. Erb's palsy cases are no different.

Families can receive compensation for an injury to the brachial nerve which could have been prevented. It can also provide closure for the entire family.

What is Erb's Palsy Claim?

Erb's palsy is a birth defect that can cause young people to develop weakness in either or both arms. The condition can also affect the way they walk, use their fingers and hold objects in their hands. In most cases, a young person will require physiotherapy or other surgical procedures to improve their mobility.

The condition occurs when the shoulders and neck are straining over what they ought to be in difficult births. It can cause nerve injury to the brachialplexus. It is an area of primary nerves that connects the baby's head down to his hand and arm.

It can be caused by midwives or doctors pulling too hard on the head during a birth, especially when a child is in a breech position. It could also occur when a medical professional uses too much force with vacuum extractors or forceps, Erb's palsy Lawyer stretching the neck of the newborn. Families can recover compensation for the expense of treatment by filing Erb's palsy claims. Most of these cases are settled out of court, thus avoiding lengthy trial procedures.

How Do I Filing an Erb's Palsy Claim?

If your child has been diagnosed with Erb's Palsy, you may be eligible for compensation from the medical professionals who were involved in the birth of your child. You can file a legal claim to pay for your child's medical care, adaptive equipment, therapy and future education.

Erb's palsy is caused when the tendons and nerves in the shoulder of your child become stretched or damaged during labor or delivery. The injury could be caused by several factors, including lengthy, complex labor or induction, a larger or breech infant, or complications following a previous birth.

Your legal team will collect evidence from medical records, and other sources, to prove your claim when you bring a lawsuit against Erb's Palsy. Then, they'll try to negotiate a settlement with the defendants. In an agreement, both sides will receive a payment and the case will come to an end. If a settlement is not feasible, your case will go to trial. The jury will consider both sides' arguments and determine who was responsible for the child's injuries.

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

You could be awarded compensation that can change your life, irrespective of whether your child's plexus brachial was disabled due to an injury caused by Erb's or another birth injury. Your lawyer can hold the medical professionals accountable for their negligence in causing the injury to your child.

Nurses and doctors are required to adhere to obligations to uphold a high standard of care during delivery. They could cause injuries if they don't. If your child was injured by an Erb's palsy injury the injury could have been prevented.

An experienced lawyer can conduct a thorough investigation and uncover evidence of negligent actions. They can also negotiate with the at-fault party's lawyers to avoid a trial and get the compensation as quickly as they can. Compensation may cover the cost of your child's therapy, medical treatment and adaptive equipment as well as rehabilitation. Compensation can also be used to cover lost wages, if you or one of your family members required time off from work to take care of your children. The statute of limitations or deadline to file an action, is different for each state.

How do I select an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires an attorney with the legal expertise to be aware of the medical issues involved in these cases, as well as the determination to fight insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb's Palsy attorneys have both of these qualities and can provide a thorough analysis of the case for families who suspect their child has suffered a preventable birth injury.

Erb's Palsy is a traumatic injury to the brachial plexus that affects shoulders and upper arms. It is usually caused by a trauma during childbirth, and can cause weakness or paralysis in one arm. The majority of infants affected struggle to crawl or lift their weight.

This type of birth injury occurs typically during breech or difficult delivery. When a baby gets stuck in the birthing canal, doctors have to employ force to get it out. This can damage or stretch the nerves in the neck of the baby. 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 common cause of permanent paralysis in newborns.

What can Erb's Palsy Lawyers assist me?

There are laws, called statutes which limit the time a family can file a suit after an error in medical care results in an injury, such as Erb's palsy. A lawyer can still assist you file a lawsuit against Erb's Palsy, even if the statute of limitations has run out. Your lawyer will work with your family to determine if your child's injury was caused by medical negligence. They will engage medical professionals who will review your child's records and give their opinion. This is known as establishing the standard of care that applies to your particular situation.

Erb's Palsy is a kind of brachial plexus syndrome that affects the movements and sensory responses in your child's arm. This condition is caused when the brachialplexus' nerves are damaged during birth. It is most often caused by medical personnel 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 with Erb's palsy require ongoing rehabilitation and physiotherapy. They also may need to acquire adaptive equipment for their homes. The compensation a judge awards can help the family pay for these costs.