How to File an Erb's Palsy Claim

Medical negligence occurs when a physician is negligent in their duty of taking care of you, leading to injury or an existing health condition that is getting worse. Erb's Palsy cases are not any different.

A successful claim can provide families with compensation for their child's avoidable brachial plexus injury. It also can bring feelings of closure for the entire 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 how they walk, use their hands and hold objects with their hands. Most often, a child is required to undergo physical therapy and other surgical procedures to improve their mobility.

This happens when the infant's neck or shoulders are stretched beyond the normal in difficult births. It can cause nerve injuries to the brachialplexus, which is the primary nerve network that connects the baby's head down to his arm and hand.

It can be caused by doctors or midwives pushing too hard on the head during a birth and especially when the child is in a Breech position. It could also happen when medical professionals use forceps or a vacuum extractor, and applies excessive pressure, stretching the newborn's neck. Families may be able to recover compensation for the expense of treatment by filing Erb's palsy claims. A majority of these cases are settled outside of court, avoiding lengthy trial procedures.

How Do I Filing an Erb's Palsy Claim?

You could be entitled to compensation If your child was identified with Erb's Palsy by the medical professionals involved in their birth. You can make a legal claim to pay for your child's medical care, therapy equipment, adaptive equipment and future education.

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

When you file an Erb's Palsy lawsuit, your legal team will gather evidence from medical records and other sources to back your claim. They will then attempt to reach a settlement with the defendants in the case. In the event of a settlement, both sides will receive a payment and the case will end. If a settlement cannot be reached, your case could be heard in court. 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 for Erb's Palsy Cases

If your child's brachial-plexus was paralyzed as a result of an Erb's injury or another birth injury, you could claim legal recourse and life-changing compensation. Your lawyer can hold medical professionals accountable for their negligence in causing your child's injury.

Doctors and nurses are required to maintain a high level of care when giving birth to babies. They could cause injuries if they do not. If your child sustained an injury referred to as Erb's-Palsy the injury could have been avoided.

A skilled lawyer will be able conduct a thorough investigation in order to find evidence of negligence. They can also negotiate directly with the attorneys of the party who is at fault to avoid a trial and obtain compensation as quickly as they can. Compensation can cover the cost of your child's medical therapy, therapy as well as adaptive equipment and rehabilitation. Compensation may also help cover the loss of earnings if you or a family member required time off from work to care for your children. The statute of limitation or the time limit to file a lawsuit, differs by state.

How do I choose an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires an attorney who has the legal knowledge to comprehend the medical issues involved in these cases and determination to challenge insurance companies that deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can offer a thorough case review for families who suspect that their child has suffered a birth injury that could have been prevented.

Erb's palsy is a form of brachial plexus injury which affects the upper arms and shoulders. Most often, it is caused by a trauma during birth and can result in weakness or paralysis in one arm. Many infants suffering from this condition have difficulty lifting their weight or even crawling.

This kind of birth injury is usually experienced during difficult or breech deliveries. If a baby is stuck in the birth canal doctors have to apply force to push it out. This can harm or stretch the nerves of the child's neck. This type of birth trauma is known as shoulder dystocia, and is the most common cause of Erb's syndrome. It is the most common cause for permanent paralysis of 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 following a medical mistake that causes an injury such as Erb's Palsy. A lawyer can assist you file a lawsuit against Erb's Palsy even if the time limit has passed. Your attorney will work closely with your family to determine whether your child's injuries are due to negligence on the part of a medical professional. They will employ medical professionals to review your child's medical records and give their opinion. This is known as the establishment of the standard of care that applies to your case.

Erb's Palsy is a type of brachial-plexus palsy. It affects your child's movement and sensory responses. This is caused when the brachialplexus' nerves are injured during the birth. Shoulder dystocia is a common occurrence. it is usually caused by medical personnel applying excessive pressure to deliver the baby. This can compress and stretch or tear the neck nerves.

Children suffering from Erb's palsy require constant rehabilitation and physiotherapy. Also, they may need adaptive equipment for their homes. The compensation awarded by court can assist your family and you pay the costs.