How to File an Erb's Palsy Claim

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

Filing a successful claim can provide families with compensation for their child's avoidable brachial plexus injury. It can also bring peace for the family.

What is Erb's palsy claim?

Erb's Palsy can cause young people to lose strength in their arms. The condition can also affect their ability to move, hold objects with their hand and use their fingers. A person in their early years may need to undergo physiotherapy or surgical procedures to improve their mobility.

The condition is caused when an infant's shoulders and neck are stretched beyond what they should be during difficult births. It could cause nerve damage to the brachial area which is a system of five nerves that connect the baby's neck down to the arm and hand, managing movement and feeling.

This can happen when doctors or midwives are too firm on the head of a newborn during birth especially if the child is in the breech position. It could also occur when a medical professional applies too much force using vacuum extractors or forceps stretching the neck of a newborn. Erb's palsy claims can assist families recover compensation to cover the costs of treatment. The majority of these cases are settled out of court, which avoids long trial processes.

How Do I File an Erb's Claim?

You could be entitled to compensation in the event that your child was diagnosed with Erb’s palsy by the medical experts involved in their birth. You can make a claim to cover the medical treatment of your child as well as therapy equipment, adaptive equipment, and education in the future.

Erb's syndrome is caused by the tendons and nerves in your child's shoulder become stretched or damaged during the birth or during labor. The injury could be caused by several factors, such as a prolonged, complicated labor or induction, a large or breech baby, or complications after the birth of a previous baby.

If you file an Erb's-Palsy lawsuit the legal team will gather evidence from medical records as well as other sources to support your claim. They will then try to negotiate a settlement with the defendants. Both sides will receive a settlement and the case will be closed. If a settlement isn't possible the case will go to trial. The jury will hear both sides and decide whether they are at fault for the injury suffered by your child.

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

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

Doctors and nurses are bound by the obligation to maintain a high standard of care during the birth. If they do not adhere to this they could cause injuries. If your child has suffered an Erb's palsy injury the injury could have been avoided.

A seasoned lawyer will be able to conduct an extensive investigation to find evidence of negligence. They can also negotiate directly with the attorneys of the person responsible to avoid a court trial and obtain compensation as quickly as they can. Compensation can cover the cost of your child's therapy, medical treatment as well as adaptive equipment and rehabilitation. Compensation can also cover lost wages if a family member had to take time away from work to take care of your children. The time period for filing a lawsuit or the deadline to file a lawsuit, is different per state.

How do I choose an Erb's Palsy Lawyer?

To be successful in an Erb's Palsy case, you'll need a lawyer who has the legal knowledge and perseverance necessary to fight insurance companies who refuse to pay the victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these attributes and can offer a thorough case review for families who suspect their child has suffered a preventable birth injury.

Erb's Palsy is a traumatic injury to the brachial plexus, which affects shoulders and upper arms. It is usually caused by 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 crawling.

This type of birth injury is seen typically in breech births that are difficult or difficult to deliver. If a baby is stuck in the birthing canal doctors will employ force to get it out. This could cause damage or stretch the nerves in the child's neck. This type of birth trauma is referred to as shoulder dystocia and is the most common cause of Erb's Palsy. It is also the most common cause of permanent paralysis in newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws in force that are known as statutes of limitations which limit the length of time families are able to pursue legal action following a medical mistake that causes an injury, such as Erb's paralysis. However an attorney can help to file an erb's palsy attorney psy lawsuit even if this time frame has passed. Your lawyer will work with your family members to determine if the injury of your child was the result of medical malpractice. They will engage medical professionals who will examine the records of your child and provide their opinion. This is called establishing the standards of care that is applicable to your particular situation.

Erb's spalsy is one type of brachial plexus syndrome that affects the sensory and movement in your child's arm. The cause is an injury to nerves in the brachial nerve during birth. It is most often caused by medical professionals applying excessive force to deliver the baby in cases of shoulder dystocia which can result in compression, stretching or tear neck nerves.

Children with erb's palsy lawsuits palsy require ongoing rehabilitation and physical therapy. They also may need to get adaptive equipment for their home. The compensation a judge awards can help your family to pay for these expenses.