How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to perform their obligations to patients which results in injury or worsening of an existing condition. Erb's palsy cases aren't different.

Families can seek compensation for a brachial plexus injury that was preventable. It could also provide the feeling of closure for the family.

What is Erb's claim to the Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also affect how they move around, use their fingers and hold objects with their hands. A young person may need to undergo physiotherapy or surgical procedures to improve their mobility.

This condition occurs when the infant's neck or shoulders are stretched beyond what is normal in difficult births. It can cause nerve injuries to the brachialplexus, which is an essential nerve system which runs from the infant's head down to the arm and hand.

It can be caused by doctors or midwives pulling too hard on the head during a birth and especially when the child is in the Breech position. It can also occur when a medical professional uses forceps or a vacuum extractor and applies too much pressure, causing stretching of the neck of the newborn. Families can seek compensation for the costs of treatment by filing Erb's-Palsy claims. Most of these cases are settled outside of court, thus avoiding long trial processes.

How do I Filing an Erb's Palsy Claim?

You could be entitled to compensation when your child was diagnosed with Erb’s palsy by the medical experts involved in their birth. You can make a claim to pay for your child's medical treatment or therapy equipment, adaptive equipment and even future education.

Erb's palsy is caused when the nerves and tendons of your child's shoulder are stretched or damaged during the birth or during labor. The injury could be caused by a number factors, such as a long, complicated labor or induction, a larger or breech infant, or complications following an earlier birth.

Your legal team will gather evidence from medical records and other sources, to prove your claim when you file a lawsuit for Erb's Palsy. Then, they'll attempt to negotiate a settlement with the defendants. Both sides will be awarded an agreement, and the case will be closed. If a settlement is not possible your case will be sent to trial. The jury will listen to both sides' arguments before deciding who is responsible for your child's injury.

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

Whether your child's brachial plexus was paralysed as the result of an Erb's Palsy injury or another birth injury, you can receive legal justice and life-changing compensation. Your lawyer can sue the health professionals who caused the child's injury and hold them accountable for their medical negligence.

Doctors and nurses must maintain a high level of care when giving birth to babies. They could cause injuries if they do not. It is possible to prevent Erb's Palsy in your child.

An experienced lawyer can conduct a thorough investigation in order to find evidence of negligence. They may also be able to negotiate directly with the lawyers of the party at fault to avoid a trial and get compensation as quickly as they can. Compensation can cover the costs of your child's medical therapy, therapy, adaptive equipment and rehabilitation. Compensation can also pay for lost earnings if you or a family member has had to work to take care of your child. The time limit or the time limit for filing a lawsuit, varies by state.

How do I Select an Erb's Palsy Lawyer?

To be successful in an Erb's Palsy case, you need an attorney with the legal expertise and tenacity necessary to fight insurance companies who refuse to pay victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these skills and can offer a thorough case review for families who suspect their child suffered a birth injury that could have been prevented.

Erb's Palsy is an injury to the brachial plexus that affects the upper and lower shoulders as well as the upper arms. It is typically caused by trauma during birth and can cause weakness or even paralysis of one arm. Most infants with this condition have difficulty lifting their weight or even crawling.

This kind of birth injury occurs most often when a breech or difficult birth occurs. If a baby becomes stuck in the birth canal, medical professionals have to exert the force necessary to free them and stretch or damage the nerves of the neck of the child. This kind of birth trauma, also known as shoulder dystocia, is the most common cause of Erb’s palsy. It is also the most frequent cause of permanent paralysis among newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws in place that are known as statutes of limitations, that restrict how long families are allowed to file legal actions when a medical error results in an injury, such as Erb's paralysis. However an attorney can assist to file an Erb's psy lawsuit even if this time frame is over. Your lawyer will work closely with your family to determine if your child's injury is due to medical negligence. They will seek out medical experts who will examine the medical records of your child and offer their opinion. This is referred to as establishing the applicable 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. The condition occurs when the nerves of the brachialplexus 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 cause compression, stretch or tear the neck nerves.

Children with Erb’s palsy need constant rehabilitation and physiotherapy. Also, they may need adaptive equipment for their homes. The compensation awarded by court can aid you and your family cover these costs.