How to File an Erb's Palsy Claim

Medical negligence occurs when doctors do not fulfill their obligations to patients that results in injury or worsening of an existing condition. Erb's cases of palsy are not different.

The filing of a successful claim could be a way to compensate families for their child's avoidable brachial plexus injury. It also can provide peace for the family.

What is Erb's palsy claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also impact how they move, hold objects with their hands and use their fingers. A person in their early years may need to undergo physiotherapy or other surgical procedures to improve their mobility.

This condition can occur when the neck of the infant or shoulders are stretched beyond what is normal in difficult births. It can result in nerve damage to the brachial plexus which is a system of five primary nerves that run from the baby's neck down to the arm and hand controlling movement and sensation.

This can happen when midwives or doctors apply too much pressure to the baby's head during delivery, especially if the child is in the breech position. It could also occur when a medical professional applies excessive force using vacuum extractors or forceps, stretching the neck of the newborn. Erb's claims for palsy can help families receive compensation to pay the cost of treatment. The majority of these cases are settled out of court, which avoids long trial processes.

How do I Filing an Erb's Palsy Claim?

You could be entitled to compensation in the event that your child was diagnosed with the condition Erb's palsy by medical professionals involved in their birth. You can make a claim to cover your child's medical care, therapy equipment, adaptive equipment, and even future education.

Erb's syndrome is caused by the tendons and nerves of the shoulder of your child are stretched or damaged during the birth or during labor. This injury can result from many reasons, such as a lengthy or complex labor, an induced labor, a large baby, breech presentation or complications from an earlier birth.

If you file an Erb's palsy lawsuit the legal team will collect evidence from medical records as well as other sources to support your claim. They will then attempt to reach a settlement with the defendants in the case. Both sides will receive an agreement and the case will be closed. If a settlement cannot be reached, your case could be brought to trial. The jury will be able to hear both sides' arguments before deciding who was at fault for the child's injuries.

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

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

Nurses and doctors are required to ensure a high level of care when giving birth to babies. They can cause injuries if they don't. If your child suffered an Erb's palsy injury it could have been avoided.

An experienced lawyer can conduct an extensive examination and find evidence of the negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and obtain the compensation as quickly as they can. Compensation can cover the costs of your child's medical therapy, therapy and adaptive equipment as well as rehabilitation. Compensation can also be used to pay for lost wages if you or a family member had to leave to care for your child. The time-limit or the deadline to file a lawsuit, varies by state.

How do I Select an Erb's Palsy Lawyer?

A successful erb's palsy law firms Palsy claim requires a lawyer who has the legal knowledge to comprehend the medical issues that arise in these cases as well as the determination to take on insurance companies that deny victims compensation they deserve. Our Brooklyn Erb’s Palsy lawyers have both of these attributes, and can provide a thorough review of the case for families who suspect their child may have suffered a preventable birth injury.

Erb's palsy is a form of brachial-plexus injury that affects the upper arms as well as shoulders. Most often, it's caused by trauma during birth, and can lead to weakness or paralysis in one arm. Most infants with this condition are unable to lift their weight or crawling.

This kind of birth injury is usually during difficult or breech delivery. When a baby is stuck in the birth canal medical professionals need to apply pressure to free them and stretch or damage nerves in the child's neck. This type of birth trauma, also referred to as shoulder dystocia, is the main cause of Erb's syndrome. It is the most frequent cause of permanent paralysis in newborns.

How Can Erb's Palsy Lawyers help me?

There are laws in place, called statutes of limitations, that restrict how long families are able to pursue legal action after a medical error causes an injury, such as Erb's paralysis. A lawyer can still assist you file a lawsuit for Erb's Palsy, even if the statute of limitations has run out. Your lawyer will work closely with your family to determine whether your child's injuries are the result of negligence on the part of a medical professional. They will employ medical professionals who will examine your child's records and give their opinion. This is referred to as establishing the relevant standards of care for your situation.

Erb's Palsy is a type of brachial plexus palsy. It affects your child's movements and sensory responses. The cause is an injury to nerves in the brachial area during birth. It is often caused by medical personnel applying excessive force to deliver the baby in cases of shoulder dystocia which can result in compression, stretching or tear the neck nerves.

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