How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor does not perform their duty of care for you, leading to injury or a condition getting worse. Erb's Palsy cases are not any different.

If a claim is successful, it can give families compensation for their child's avoidable brachial plexus injury. It can also provide feelings of closure for the entire family.

What is Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also affect the way they move, use their fingers and hold objects with their hands. A young person may need to undergo physiotherapy or surgical procedures in order to improve their mobility.

The condition occurs when an infant's shoulders and neck are straining over and above what they should be during births that are difficult. It can cause nerve injury to the brachialplexus. This is a network of primary nerves that runs from the baby's head down to the arm and hand.

It can be caused by midwives or doctors pushing too hard on the head during the delivery and especially when the child is in the Breech position. It could also happen when medical professionals use forceps or a vacuum extractor, and applies excessive pressure, stretching the newborn's neck. Erb's claims for palsy can help families obtain 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 File an Erb's Palsy Claim?

You could be entitled to compensation when your child was diagnosed with the condition by the medical experts involved in their birth. You can make a legal claim to pay for your child’s medical care or therapy equipment, adaptive equipment and education in the future.

Erb's palsy is caused when the nerves and tendons of the shoulder of your child become stretched or damaged during labor or delivery. This injury can result from several reasons, such as a lengthy or complicated labor, induced labor, a large baby, breech presentation or complications that result from a previous birth.

Your legal team will gather evidence from medical records, and other sources, to prove your claim when you file a lawsuit for Erb's Palsy. They will then attempt to negotiate a settlement with the defendants in the case. Both sides will be awarded an agreement and the case will be closed. If a settlement cannot be reached, the case may go to trial. The jury will consider both sides' arguments and decide 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 paralyzed as a result of an Erb's Palsy injury or another birth injury, you can obtain legal justice and life-changing compensation. Your lawyer can pursue the health professionals who caused the child's injury and ensure that they are held accountable for their medical negligence.

Nurses and doctors are required to maintain a high level of care when giving birth to babies. If they fail to do so they could inflict injuries. It is possible to prevent erb's palsy lawyer syndrome in your child.

An experienced lawyer can conduct a thorough examination and find evidence of negligence. They can also negotiate with the at-fault party's lawyers to avoid a trial and obtain the compensation as quickly as they can. Compensation may cover the cost of your child's medical treatment, therapy as well as adaptive equipment and rehabilitation. Compensation may also help cover the loss of wages if your family member had to take time away from work to take care of your children. The statute of limitations, or deadline for filing a lawsuit, is different per state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney who has the legal knowledge to be aware of the medical aspects involved in these cases as well as the determination to take on insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these attributes and can provide a thorough case review for families who suspect that their child may have suffered a birth injury that could have been prevented.

Erb's Palsy is a kind of brachial plexus injury that affects the upper arms as well as shoulders. It is typically caused by a trauma in childbirth, and can cause weakness or paralysis in one arm. Many infants suffering from this condition are unable to lift their body weight or crawling.

This kind of birth injury is seen usually during difficult or breech delivery. If a baby becomes stuck in the birthing canal, doctors must use force to get it out. This can harm or stretch the nerves in the child's neck. This kind of birth trauma is known as shoulder dystocia, and is the leading cause of Erb's palsy. It is also the most common cause of permanent paralysis in newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws in place called statutes of limitation which limit how long families are allowed to file legal actions when a medical error results in an injury similar to Erb's palsy. An attorney can help you file a lawsuit for Erb's psoriasis even if the time limit has passed. Your attorney will work with your family members to determine if your child's injury was the result of medical malpractice. They will hire medical professionals to look over your child's medical records and give their opinion. This is known as setting the standard of care for your case.

Erb's Syndrome is one form of brachial plexus palsy. It affects your child's movement and sensory responses. The cause is an injury to the nerves of the brachial area during the birth. It is typically caused by medical professionals using excessive force to deliver the baby in cases of shoulder dystocia, which can compress, stretch, or tear the nerves in the neck.

Children with Erb's Palsy require continuous rehabilitation and physiotherapy. They also may require adaptive equipment for their homes. The compensation awarded by the court could aid you and your family cover these expenses.