How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor does not perform their duty of treating you with care, resulting to injury or a condition worsening. Erb's palsy cases are no different.

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

What is an Erb's palsy Claim?

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

The condition can occur when an infant's shoulders and neck are stretched over and above what they should be during difficult births. It can cause nerve injuries to the brachialplexus. This is an essential nerve system that runs from the baby's head to his arm and hand.

It could be caused by doctors or midwives pushing too hard on the head during a labor or when a child is in an 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. Erb's claims for palsy can help families get compensation to cover the costs of treatment. Most of these cases are settled outside of court, avoiding lengthy trial procedures.

How Do I File 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 involved in the birth of your child. A legal claim could aid in the payment of the medical care of your child, necessary adaptive equipment, therapy, and education in the future.

Erb's Palsy is a condition that occurs when the tendons and nerves of the shoulder of your child become stretched or damaged during labor or delivery. The injury could result from a number of factors, including a long or complicated labor, an induced labor, a large baby, breech presentation or complications resulting from a previous delivery.

If you file an Erb's palsy lawsuit and have your legal team gather evidence from medical records and other sources to back your claim. They will then attempt to negotiate a settlement agreement with the defendants in the case. Both sides will receive a settlement and the case will be closed. If a settlement is not reached, your case may go to trial. The jury will be able to hear both sides' arguments and decide who is responsible for the injury 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 palsy injury or another birth injury, you could receive legal justice and life-changing compensation. Your lawyer can seek to pursue the health professionals who caused the injury of your child to make them accountable for their medical negligence.

Doctors and nurses have an obligation to observe a high standard of care during the process of giving birth. They could cause injuries if they fail to follow. If your child has suffered an Erb's palsy injury the injury could have been prevented.

A skilled lawyer will be able to conduct an extensive investigation to find evidence of negligence. They can also work directly with the attorneys of the party responsible to avoid a court trial and seek compensation as fast as they can. Getting compensation can help cover the cost of your child's rehabilitation, medical care as well as the essential adaptive equipment and therapy costs. Compensation may also cover lost wages if a family member has had to miss to care for your child. The statute of limitations, or deadline to file a lawsuit, differs by state.

How Do I Choose an Erb's Palsy Lawyer?

A successful erb's palsy attorneys Palsy claim requires a lawyer with the legal expertise to understand the medical issues that arise in these cases, as well as the determination to challenge insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can offer a thorough case review for families who suspect their child suffered a preventable birth injury.

Erb's palsy is a type of brachial-plexus injury that affects the upper arms as well as shoulders. It is typically caused by trauma during birth and can cause weakness or even paralysis of one arm. Many infants suffering from this condition have trouble lifting their body weight or crawling.

This type of birth injury is most often during difficult or breech delivery. If a baby becomes stuck in the birth canal medical professionals must exert pressure to free them which may strain or harm the nerves of the neck of the child. This kind of birth trauma is known as shoulder dystocia and is the most common cause of Erb's palsy. It is also the most common cause of permanent paralysis in newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws in place, called statutes of limitations which limit how long families are allowed to file legal actions after a medical mishap causes an injury like Erb's palsy. However, a lawyer can help you file an Erb's palsy lawsuit even after the time limit has passed. Your attorney will work closely with you and your family to determine whether your child's injuries are the result of negligence in the medical field. They will recruit medical experts to look over your child's medical records and offer their opinions. This is known as establishing the appropriate standard of care in your case.

Erb's palsy is a type of brachial plexus palsy that affects the movement and sensory responses in your child's arm. This condition is caused by an injury to the nerves of the brachial plexus at the birth. It is usually due to medical staff using excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch or tear the nerves in the neck.

Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They may also need to acquire adaptive equipment for their home. The compensation awarded by court can aid you and your family pay for these costs.