How to File an Erb's Palsy Claim

Medical negligence is when doctors do not fulfill their obligations to patients, resulting in injury or worsening an existing condition. Erb's cases aren't any different.

Families can receive compensation for an injury to the brachial nerve that was preventable. It can also bring 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 either or both arms. The condition can also alter how they move, hold objects in their hands and use their fingers. Young people may have to undergo physiotherapy or surgical procedures to improve their mobility.

This happens when the baby's neck or shoulders are stretched beyond what is normal during difficult births. It can result in nerve injury to the brachialplexus, which is an area of primary nerves that connects the baby's head down to his hand and arm.

It could be caused by midwives or doctors pulling too hard on the head during a labor and especially when the child is in an Breech position. It can also occur when a medical professional uses forceps or a vacuum extractor and applies too much pressure, stretching the newborn's neck. Erb's claims for palsy can help families get compensation to cover the costs of treatment. A majority of these cases are settled out of court to avoid lengthy trial proceedings.

How Do I Filing an Erb's Palsy 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 legal claim to cover the medical treatment of your child or therapy equipment, adaptive equipment, and even future education.

Erb's palsy is a condition that occurs when the tendons or nerves of your child's shoulders are stretched or damaged during delivery or labor. The injury could be caused by several factors, including a lengthy, complex labor or induction, a baby who is too large or breech, or complications after a previous birth.

If you file an Erb's palsy lawsuit and have your legal team gather evidence from medical records and other sources to prove your claim. They will then try to negotiate a settlement agreement with the defendants in the case. In the event of a settlement, both sides will receive a payout and the case will close. If a settlement cannot be reached, the case may be brought to trial. The jury will listen to both sides' arguments before deciding who was responsible for the child's injuries.

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

Whether your child's brachial plexus was paralysed as the result of an Erb's Palsy injury or another birth injury, you could receive legal justice and life-changing compensation. Your lawyer can seek to pursue the medical professionals responsible for your child's injuries to ensure that they are held accountable for their medical negligence.

Doctors and nurses are required to ensure the highest level of care when giving birth to babies. They could cause injuries if they fail to do so. It is possible to stop Erb's Palsy in your child.

A skilled lawyer can conduct a thorough investigation in order to find evidence of negligence. They can also negotiate with the at-fault party's attorneys to avoid a trial and receive the compensation as quickly as they can. Compensation can cover the cost of your child's medical treatment, therapy, adaptive equipment and rehabilitation. Compensation can also be used to cover lost wages if a family member required time off from work to care for your children. The statute of limitations or the deadline for filing a lawsuit, differs by state.

How do I choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to understand the medical issues involved in these cases, as well as the determination to fight insurance companies that deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy attorneys possess both of these attributes, and can provide a thorough review of the case for parents who suspect their child may have suffered a preventable birth injury.

Erb's Palsy is an injury to the brachial plexus, which affects the upper and lower shoulders as well as the upper arms. It is typically caused by a trauma in birth, and can lead to weakness or paralysis in one arm. Most infants with the condition are unable to crawl or lift their weight.

This type of birth injury usually occurs during breech or difficult births. If a baby becomes stuck in the birth canal, medical professionals have to exert force to help them out, which can stretch or damage the nerves in the neck of the child. This kind of birth trauma, also known as shoulder dystocia, is the main cause of Erb's Palsy. It is the leading cause of permanent paralysis for newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws, also known as statutes, that limit how long families can file a lawsuit when a medical mistake results in injury, like Erb's Palsy. However, a lawyer can help you file an Erb's palsy lawsuit even if this time frame has closed. Your attorney will work with your family to determine if the injury suffered by your child was the result of medical negligence. They will engage medical professionals to evaluate the medical records of your child and offer their opinions. This is called the establishment of the standard of care that is applicable to your case.

Erb's Palsy is one type of brachial-plexus aplasia. It affects your child's movements and sensory responses. This is caused when the brachialplexus' nerves are damaged during birth. When shoulder dystocia occurs, it is typically caused by medical personnel applying excessive pressure when delivering the baby. This can compress or stretch the neck nerves.

Children with Erb's Palsy require ongoing rehabilitation and physiotherapy. They also may require adaptive equipment for their homes. The compensation granted by the court can aid you and your family pay for these costs.