How to File an Erb's Palsy Claim

Medical malpractice happens when a doctor fails to provide care for you, leading to injury or an existing health condition that is getting worse. Erb's palsy cases aren't any different.

Families can be compensated for a brachial plexus injury that was preventable. It also can bring a sense of closure for the family.

What is an Erb's Palsy Claim?

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

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

This can happen when doctors or midwives are too firm on the head of a newborn during birth particularly if 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, stretching the neck of the newborn. Erb's claims for palsy can help families get compensation to cover the costs of treatment. Many of these cases settle out of court to avoid lengthy trial procedures.

How do I file an Erb's palsy claim?

If your child was diagnosed with Erb's palsy, you may be eligible for compensation from the medical professionals who were involved in their child's birth. You can make a legal claim to cover your child's medical care as well as adaptive equipment, therapy and even future education.

Erb's spalsy occurs when nerves or tendons of your child's shoulders are damaged or stretched during labor or delivery. This injury can be caused by a number factors, such as a long, complicated labor, an induction, a large or breech baby, or complications after previous births.

Your legal team will seek evidence from medical records and other sources to back your claim when you bring a lawsuit against Erb's Palsy. They will then try to negotiate a settlement with the defendants in the case. Both sides will be awarded an agreement, and the case will be closed. If a settlement isn't possible your case will be sent to trial. The jury will hear both sides and decide whether they were the ones responsible for the harm suffered by your child.

What is the Statute of Limitations for Erb's Palsy Cases

You could receive compensation that will change your life no matter the fact that your child's brachial plexus was affected by an injury to the Erb's palsy or another birth injury. Your lawyer can pursue the medical professionals responsible for the child's injury and ensure that they are held accountable for their medical negligence.

Nurses and doctors are required to maintain a high level of care when giving birth to babies. They can cause injuries if they fail to do so. If your child sustained an injury to the Erb's palsy the injury could have been prevented.

A skilled lawyer can conduct an extensive investigation and find evidence of negligence. They may also be able to negotiate directly with the lawyers of the party who is at fault to avoid a court trial and seek compensation as fast as they can. The compensation you receive can help cover the costs of your child's medical and rehabilitation and equipment for adaptive use, and therapy expenses. Compensation may also help cover the loss of wages if someone in your family needed to take time off from work to care for your children. The time-limit or the time limit for filing lawsuits, is different for each state.

How do I Select an Erb's Palsy Lawyer?

To win an Erb's Palsy case, you require an attorney with the legal knowledge and perseverance necessary to challenge insurance companies that refuse to pay the victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these attributes and can provide a thorough case review for families who suspect that their child suffered a birth injury that could have been prevented.

Erb's Palsy refers to an injury to the brachial nerve that affects the shoulders and upper arms. It is usually caused by a trauma during birth and can result in weakness or paralysis in one arm. The majority of infants affected are unable to crawl or lift their weight.

This kind of birth injury usually occurs during difficult or breech deliveries. When a baby gets stuck in the birthing canal, doctors will apply force to push it out. This could cause damage or stretch the nerves in the child's neck. This kind of birth trauma is known as shoulder dystocia and is the primary cause of Erb's palsy. It is also the most frequent cause of permanent paralysis in newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws in force called statutes of limitation which limit the length of time families can take legal action after a medical error causes an injury like Erb's palsy. A lawyer can still help you file a lawsuit against Erb's Palsy even if the time limit has passed. Your attorney will work with your family members to determine if the injury of your child was caused by medical negligence. They will hire medical professionals to review your child's medical records and offer their opinions. This is called establishing the standard of care that is applicable to your situation.

Erb's Palsy is a type of brachial-plexus palsy. It affects your child's movements and sensory responses. The cause is an injury to the nerves in the brachial area during the birth. In cases of shoulder dystocia it is usually caused by medical staff applying excessive pressure to deliver the baby. This can cause compression or stretch the neck nerves.

Children suffering from Erb's palsy require ongoing rehabilitation and physiotherapy. They also may need to purchase adaptive equipment for their homes. The compensation awarded by court can help you and your family pay for these costs.