How to File an Erb's Palsy Claim

Medical malpractice is when doctors fail to perform their duty of care, resulting in injuries or worsening of an existing condition. Erb's palsy cases are no different.

Filing a successful claim can award families compensation for their child's recurrable brachial plexus injury. It also can provide closure for the family.

What is Erb's palsy claim?

Erb's palsy is a birth injury that can leave young people with weakness in one or both arms. The condition can alter how they move, hold objects with their hands, and use their fingers. Often, a young person will need to undergo physical therapy and other surgical procedures to improve their mobility.

This condition can occur when the baby's neck or shoulders are stretched beyond what is normal in difficult births. It can result in nerve damage to the brachial nerve the brachial plexus, a network comprised of five nerves which run from the baby's neck down to the hand and arm, managing movement and feeling.

This can happen when doctors or midwives are too firm on the baby's head during delivery and especially when the child is in the breech position. It can also happen when a medical professional applies excessive force with forceps or vacuum extractors, stretching the neck of the newborn. Erb's Palsy claims can help families obtain compensation to pay the costs of treatment. Many of these cases are settled outside of court, avoiding long trial processes.

How do I Filing an Erb's Palsy Claim?

You could be entitled to compensation when your child was diagnosed with Erb's Palsy by the medical professionals involved in their birth. You can use a legal claim to cover the medical treatment of your child, adaptive equipment, therapy and even future education.

Erb's palsy occurs when the tendons and nerves in the shoulder of your child are stretched or damaged during labor or delivery. This injury can be caused by a variety of factors, including a long, complicated labor or delivery, an induction, large or breech baby or complications after an earlier birth.

Your legal team will gather evidence from medical records, and other sources, to support your claim when you start a lawsuit for Erb's Palsy. They will then attempt to negotiate a settlement with the defendants in the case. In the event of a settlement, both sides will be paid a sum and the case will close. If a settlement isn't feasible, your case will go to trial. 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

Whether 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 will hold health professionals responsible for their negligence in causing your child's injury.

Doctors and nurses are required to maintain an excellent level of care when they deliver babies. If they fail to do so, they can cause injuries. It is possible to stop Erb's Palsy in your child.

An experienced lawyer can conduct an extensive investigation to uncover evidence of negligence. They can also work directly with the lawyers of the person responsible to avoid a court trial and get compensation as fast as they can. Compensation can cover the costs of your child's medical treatment, therapy or adaptive equipment, as well as rehabilitation. Compensation may also cover lost earnings if you or a family member had to to care for your child. The statute of limitation or the time limit 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 with the legal expertise to understand the medical issues involved in these cases as well as the tenacity to fight the insurance companies that deny victims the money they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can provide a thorough review of the case for families that suspect their child has suffered a birth injury that could have been prevented.

Erb's palsy is a type of brachial plexus injury that affects the upper arms as well as shoulders. It is most often caused by trauma during birth and can result in weakness or even paralysis of one arm. Most infants with the condition have trouble crawling or lifting their weight.

This kind of birth injury usually occurs during difficult or breech deliveries. When a baby gets stuck in the birth canal doctors will employ force to get it out. This can harm or strain the nerves of the neck of the child. This type of birth trauma is known as shoulder dystocia, and is the most common cause of Erb's syndrome. It is also the most common cause of permanent paralysis among newborns.

How Do erb's palsy law firms Palsy Lawyers Help Me?

There are laws in place that are known as statutes of limitations which limit the length of time families are allowed to file legal actions when a medical error results in an injury like Erb's palsy. A lawyer can still help you file a lawsuit against Erb's palsy even after the statute of limitations has expired. Your lawyer will work with your family members to determine if the injury suffered by your child was caused by medical malpractice. They will recruit medical experts to examine the medical records of your child and offer their opinion. This is known as the establishment of the standard of care for your situation.

Erb's palsy is a type of brachial plexus syndrome that affects the movement and sensory response in your child's arm. The condition occurs when the nerves of the brachialplexus are damaged during birth. In cases of shoulder dystocia it is usually caused by medical staff using excessive pressure to deliver the baby. This may cause compression and stretch or tear the neck nerves.

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