How to File an Erb's Palsy Claim

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

Filing a successful claim can be a way to compensate families for their child's avoidable brachial plexus injury. It can also provide feelings of closure for 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 walk, use their fingers and hold objects in their hands. Often, a young person may require physiotherapy and have other surgical procedures to improve their mobility.

This condition occurs when the infant's neck or shoulders are stretched beyond the normal in difficult births. It can result in nerve injury to the brachialplexus. This is an area of primary nerves that extends from the infant's head to his hand and arm.

This can happen when doctors or midwives are too firm on the child's head during birth, especially if the child is in the breech position. It could also occur when a medical professional uses excessive force using vacuum extractors or forceps stretching the neck of a newborn. Families can seek compensation for the cost of treatment by filing Erb's Palsy claims. Many 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 entitled to compensation from the medical professionals involved in the birth of your child. You can make a legal claim to pay for your child's medical treatment as well as therapy equipment, adaptive equipment as well as future education.

Erb's Palsy is a condition that occurs when the tendons and nerves of your child's shoulder become stretched or damaged during labor or delivery. The injury could be caused by a variety of reasons, including a long, complicated labor, an induction, a baby who is too large or breech, or complications after a previous birth.

If you file an Erb's palsy lawsuit and have your legal team collect evidence from medical records as well as other sources to support your claim. They will then attempt to negotiate a settlement agreement with the defendants in the case. In an agreement, both sides will receive a payment and the case will come to an end. If a settlement isn't feasible your case will be sent to trial. The jury will hear both sides and decide whether they were responsible for the injury suffered by your child.

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

You could be awarded compensation that will change your life, irrespective of whether your child's brachial-plexus is disabled due to an Erb's Palsy injury 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 must maintain a high level of care when they deliver babies. If they fail to adhere to this they could cause injuries. If your child has suffered an Erb's palsy injury it could have been avoided.

An experienced lawyer will be able to conduct an exhaustive investigation to discover evidence of negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and obtain compensation as soon as is possible. Compensation can help pay for the cost of your child's rehabilitation, medical treatment, essential adaptive equipment, and therapy costs. Compensation can also cover lost wages if you or a family member had to work to take care of your child. The statute of limitation or deadline to file lawsuits, differs from state to 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 that arise in these cases, as well as the 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 qualities and can provide a thorough case review for families that suspect their child may have suffered a preventable birth injury.

Erb's Palsy is a kind of brachial plexus injuries that affects the upper arms and shoulders. It is often resulted from trauma during delivery and can lead to weakness or even paralysis of one arm. The majority of infants suffering from the condition struggle to crawl or lift their weight.

This kind of birth injury is seen typically during difficult or breech delivery. If a baby becomes stuck in the birth canal medical professionals have to exert force to free them which may cause damage or stretching of the nerves in the neck of the child. This type of birth trauma is known as shoulder dystocia and is the leading cause of Erb's palsy. It is the leading 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 length of time families can pursue legal action when a medical error results in an injury like Erb's palsy. However, a lawyer can help you file an Erb's palsy lawsuit even if this time frame is over. Your lawyer will work closely with your family to determine if your child's injuries are caused by negligence on the part of a medical professional. They will seek out medical experts who will review the records of your child and provide their opinion. This is known as the establishment of the standard of care that applies to your particular situation.

Erb's palsy is a type of brachial plexus syndrome that affects the movements and sensory responses in your child's arm. This condition is caused by the brachialplexus's nerves are injured during the birth. It is usually caused by medical personnel applying excessive force to deliver the baby in cases of shoulder dystocia, which can result in compression, stretching or tear neck nerves.

Children with Erb's palsy require regular rehabilitation and physiotherapy. They might also have to purchase adaptive equipment for their homes. The compensation a judge awards could help your family with these costs.