How to File an Erb's Palsy Claim

Medical malpractice is when a physician is negligent in their duty of care to you, leading to injury or a condition worsening. Erb's palsy cases are no different.

The filing of a successful claim could award families compensation for their child's brachial plexus injury. It also can provide peace for the 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 impact how they walk, hold objects in their hand and use their fingers. A person in their early years may need to undergo physiotherapy or surgical procedures to improve their mobility.

This condition can occur when the baby's neck or shoulders are stretched beyond what is normal 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 the arm and hand.

This can happen when doctors or midwives apply too much pressure to the child's head during birth and especially when the child is in the breech position. It could also occur when a medical professional applies too much force using forceps or vacuum extractors, pushing the neck of the newborn. Families can seek compensation for the expense of treatment by filing erb's palsy law firm Palsy claims. The majority of these cases are settled out of court, thus avoiding lengthy trial procedures.

How Do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's palsy, you could be entitled to compensation from the medical professionals who were involved in their birth. You can make a legal claim to pay for the medical treatment of your child as well as therapy equipment, adaptive equipment, and future education.

Erb's Palsy happens when the nerves or tendons of your child's shoulders are stretched or damaged during delivery or labor. This injury can result from a variety of factors, including lengthy, complex labor or induction, a large or breech baby or complications after an earlier birth.

When you file an Erb's palsy lawsuit, your legal team will collect evidence from medical records as well as other sources to support your claim. They will then try to negotiate a settlement with the defendants in the case. Both sides will receive an agreement, and the case will be closed. If a settlement is not feasible your case will be sent to trial. The jury will listen to both sides and decide if they were at fault for the harm to your child.

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

You can get compensation that can change your life, irrespective of whether your child's brachial-plexus is affected by an Erb's Palsy injury or another birth injury. Your lawyer can seek to pursue the health care professionals responsible for the child's injury and be held accountable for their medical negligence.

Nurses and doctors must maintain the highest level of care during the birth of babies. They could cause injuries if they fail to do so. If your child sustained an Erb's palsy injury the injury could have been prevented.

A skilled lawyer can conduct an extensive investigation and find evidence of the negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and receive the maximum amount of compensation as quickly as is possible. Compensation can be used to cover the cost of your child's medical treatment, therapy and adaptive equipment as well as rehabilitation. Compensation can also cover lost wages if a family member has had to work to take care of your child. The statute of limitations or deadline to file an action, is different for each state.

How do I choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to know the medical issues that arise in these cases, as well as the determination to fight insurance companies that deny victims compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can provide a thorough review of the case for families who suspect that their child has suffered a preventable birth injury.

Erb's palsy is an injury to the brachial nerve that affects the upper and lower shoulders as well as the upper arms. Most often, it's caused by a trauma during childbirth and can cause weakness or paralysis in one arm. Many infants who suffer from the condition have difficulty crawling or lifting their weight.

This type of birth injury typically occurs during difficult or breech deliveries. When a baby is trapped in the birth canal, doctors must use force to get it out. This can damage or stretch the nerves of the child's neck. This type of birth trauma is known as shoulder dystocia, and is the primary cause of erb's palsy law firm palsy. It is the most common reason for permanent paralysis in newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws in force that are known as statutes of limitations which limit the time families are able to pursue legal action 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 this window has expired. Your attorney will work with your family members to determine if the injury of your child was the result of medical malpractice. They will employ medical professionals who will review the medical records of your child and offer their opinion. This is known as establishing the standards of care that is applicable to your particular situation.

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

Children with Erb's palsy require regular rehabilitation and physiotherapy. They may also require adaptive equipment for their homes. The compensation awarded by court could assist you and your family pay for these costs.