How to File an Erb's Palsy Claim

Medical negligence occurs when doctors fail to perform their duties of care and cause injury or worsening of an existing condition. Erb's palsy cases aren't different.

Families may be able to receive compensation for the injury to the brachial area which could have been prevented. It could also provide the feeling of closure for the family.

What is an Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also affect the way they move, use their fingers and hold objects in their hands. Often, a young person is required to undergo physiotherapy or other surgical procedures to improve their mobility.

This happens when the neck of the infant or shoulders are stretched beyond the normal during births that are difficult. It can cause nerve injuries to the brachialplexus, an area of primary nerves that connects the baby's head down to his arm and hand.

It can be caused by doctors or midwives pulling too hard on the head during a birth or when a child is in an forward position. It can also happen when a medical professional uses excessive force using vacuum extractors or forceps stretching the neck of the newborn. Erb's palsy claims can assist families recover compensation to cover the cost of treatment. Most of these cases are settled outside of court, which avoids lengthy trial proceedings.

How do I file an Erb's palsy claim?

You may be eligible for compensation when your child was diagnosed with Erb's Palsy by the medical professionals involved in their birth. You can make a claim to pay for your child’s medical care as well as adaptive equipment, therapy and future education.

Erb's palsy is a condition that occurs when the tendons or nerves of your child's shoulders are damaged or stretched during delivery or labor. The injury could result from a variety of reasons, including a long, complicated labor or an induction, a larger or breech infant, or complications after previous births.

When you file an Erb's Palsy lawsuit and your legal team will collect evidence from medical records and other sources to prove your claim. They will then try to reach a deal with the defendants in the case. Both sides will receive an agreement and the case will be closed. If a settlement is not possible your case will be sent to trial. The jury will consider both sides' arguments and decide who is responsible for the child's injuries.

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 crippled due to an Erb's Palsy injury or another birth injury. Your lawyer can pursue the health care professionals responsible for the child's injury and ensure that they are held accountable for their medical negligence.

Nurses and doctors are required to ensure a high level of care during the birth of babies. They can cause injuries if they don't. It is possible to prevent Erb's syndrome in your child.

An experienced lawyer can conduct a thorough examination and find evidence of negligence. They can also work directly with the lawyers of the party responsible to avoid a trial and seek the compensation they can. Compensation can be used to cover the cost of your child's therapy, medical care, adaptive equipment and rehabilitation. Compensation can also cover lost earnings if you or your family member required time off from work to take care of your children. The time period for filing a lawsuit or the deadline to file lawsuits, differs by state.

How do I choose an Erb's Palsy Lawyer?

A successful erb's palsy attorney Palsy claim requires an attorney who has the legal knowledge to understand the medical issues involved in these cases and tenacity to fight the insurance companies that deny victims the money they deserve. 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 refers to 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 in childbirth, and can cause weakness or paralysis in one arm. Many infants who suffer from the condition have trouble crawling or lifting their weight.

This type of birth injury is typically during difficult or breech delivery. If a baby is trapped in the birth canal, medical professionals have to exert force to help them out which may strain or harm the nerves that run through the neck of the infant. This type of birth trauma is known as shoulder dystocia, and is the leading cause of the Erb's condition. It is also the most common cause of permanent paralysis among newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws in force called statutes of limitation which limit the time families can pursue legal action when a medical error results in an injury such as Erb's Palsy. A lawyer can assist you file a lawsuit for Erb's Palsy even if the statute of limitations has expired. Your lawyer will work with your family to determine if your child's injury was caused by medical negligence. They will hire medical professionals who will review the records of your child's medical history and provide their opinion. This is called the establishment of the standard of care that is applicable to your situation.

Erb's palsy is a form of brachial-plexus syndrome. It affects your child's movement and sensory responses. This condition is caused by an injury to the nerves in the brachial plexus at the birth. Shoulder dystocia is a common occurrence. it is usually caused by the medical team using excessive pressure to deliver the baby. This may cause compression, stretch or tear the neck nerves.

Children with Erb's palsy require regular rehabilitation and physical therapy. Additionally, they may require adaptive equipment for their homes. The compensation that is awarded by the court can assist you and your family cover these costs.