How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors fail to meet their duties of care which results in injuries or the worsening of an existing condition. Erb's palsy cases aren't different.

Filing a successful claim can give families compensation for their child's avoidable brachial plexus injury. It also can provide peace 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 the way they move, use their fingers and hold objects with their hands. Most often, a child will require physical therapy and other surgical procedures to improve their mobility.

The condition develops when an infant's shoulders and neck are stretched beyond what they are supposed to be during difficult births. It could cause nerve damage to the brachialplexus. It is the primary nerve network which runs from the infant's head down to his hand and arm.

This can happen when doctors or midwives apply too much pressure to the child's head during birth especially if the child is in the breech position. It can also occur when medical professionals use forceps or a vacuum extractor, and applies excessive pressure, which causes stretching of the newborn's neck. Erb's claims for palsy can help families get compensation to cover the cost of treatment. The majority of these cases are settled outside of court, avoiding lengthy trial procedures.

How Do I File an Erb's Palsy Claim?

If your child has been diagnosed with erb's Palsy law firms syndrome, you may be entitled to compensation from the medical professionals involved in the birth of your child. You can make a claim to cover your child's medical treatment as well as adaptive equipment, therapy and even future education.

Erb's Palsy is a condition that occurs when the nerves and tendons in your child's shoulder become stretched or damaged during the birth or during labor. The cause of this injury can be a number of factors, including a prolonged or complex labor, an induced labor, a large baby, breech presentation, or complications from an earlier birth.

When you file an Erb's palsy lawsuit and your legal team will collect evidence from medical records and other sources to support your claim. 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 cannot be reached, your case will be heard in court. The jury will consider both sides and determine whether they are at fault for the harm 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 Palsy injury or another type of birth injury, you can get legal justice and life-changing compensation. Your lawyer can hold the medical professionals accountable for their negligence in causing the injury to your child.

Nurses and doctors are required to maintain a high level of care when they deliver babies. If they fail to do so they may cause injuries. If your child suffered an injury from Erb's Palsy the injury could have been prevented.

A seasoned lawyer will be able conduct an exhaustive investigation to identify evidence of negligence. They can also negotiate directly with the lawyers of the person responsible to avoid a court trial and seek the compensation they can. The compensation you receive can help cover the cost of your child's rehabilitation, medical care as well as the essential adaptive equipment and therapy costs. Compensation can also be used to cover lost earnings if you or a family member required time off from work to care for your children. The statute of limitation 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 an attorney with the legal expertise to know the medical aspects involved in these cases and the determination to challenge insurance companies that deny victims compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can offer a thorough case review for families that suspect their child may have suffered a preventable birth injury.

Erb's palsy is a type of brachial plexus injury which affects the upper arms as well as shoulders. It is usually caused by trauma during 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 kind of birth injury occurs usually during breech or difficult delivery. When a baby is stuck in the birth canal medical professionals must exert force to free them, which can stretch or damage nerves of the neck of the child. This type of birth trauma, also known as shoulder dystocia, is the main cause of Erb's syndrome. It is the most prevalent cause of permanent paralysis for newborns.

How Can erb's palsy lawsuits Palsy Lawyers Help Me?

There are laws, also known as statutes which limit the time a family can file a suit after an error in medical care results in an injury, such as Erb's Palsy. A lawyer can still assist you file a lawsuit for Erb's Palsy, even if the statute of limitations has expired. Your lawyer will work closely with you and your family to determine if your child's injury is the result of negligence in the medical field. They will seek out medical experts who will evaluate the records of your child and provide their opinion. This is called establishing the standard of care applicable to your situation.

Erb's spalsy is one type of brachial plexus syndrome that affects the sensory and movement in your child's arm. This condition is caused when the brachialplexus' nerves are injured during the birth. When shoulder dystocia occurs, it is typically caused by the medical team using excessive pressure when delivering the baby. This may compress or stretch the neck nerves.

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