How to File an Erb's Palsy Claim

Medical malpractice occurs when doctors do not fulfill their duty of care, resulting in injuries or the worsening of an existing condition. Erb's palsy cases are no different.

Families can be compensated for an injury to the brachial plexus which could have been prevented. It can also bring the feeling of closure for the family.

What is an Erb's Palsy Claim?

Erb's palsy is a birth defect that can cause young people to develop weakening in one or both arms. The condition can also affect how they walk, use their hands and hold objects with their hands. A person in their early years may need to undergo physiotherapy or surgical procedures to improve their mobility.

The condition develops when the neck and shoulders are strained beyond what they should be during births that are difficult. It can result in nerve injury to the brachialplexus, the primary nerve network that extends from the infant's head down to his arm and hand.

This happens when doctors or midwives push too hard on the head of a newborn during birth, especially if the child is in the breech position. It can also occur when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, stretching the newborn's neck. Erb's palsy claims can help families obtain compensation to pay the cost of treatment. The majority of these cases are settled out of court, thus avoiding lengthy trial proceedings.

How do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's palsy, you may be eligible for compensation from the medical professionals who were involved in their birth. You can make a legal claim to cover your child's medical treatment as well as therapy equipment, adaptive equipment, and future education.

Erb's syndrome is caused by the tendons and nerves of your child's shoulder are stretched or damaged during labor or delivery. The injury could be caused by a number factors, including prolonged, complicated labor, an induction, a baby who is too large or breech, or complications after the birth of a previous baby.

When you file an Erb's palsy lawsuit, your legal team will collect evidence from medical records as well as other sources to support your claim. They will then try to reach a deal with the defendants in the case. In an agreement, both sides will receive a payout and the case will come to an end. If a settlement is not possible your case will be sent to trial. The jury will listen to both sides and decide whether they were the ones responsible for the injury to your child.

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

Whether your child's brachial plexus was paralyzed as a result of an Erb's Palsy injury or another type of birth injury, you can claim legal recourse and life-changing compensation. Your lawyer can sue the health care professionals responsible for the injury of your child to ensure that they are held accountable for their medical negligence.

Doctors and nurses must maintain a high level of care when delivering babies. If they fail to follow this standard, they can cause injuries. If your child sustained an Erb's palsy injury it could have been avoided.

A skilled lawyer can conduct an extensive investigation and uncover evidence of the negligence. They may also be able to negotiate directly with the attorneys of the party who is at fault to avoid a court trial and seek compensation as fast as they can. Getting compensation can help cover the cost of your child's rehabilitation, medical treatment and equipment for adaptive use, and therapy expenses. Compensation can also be used to cover lost wages if one of your family members needed to take time off from work to care for 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 comprehend the medical aspects involved in these cases as well as the determination to challenge insurance companies that deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can provide a thorough case review for families who suspect their child has suffered a birth injury that could have been prevented.

Erb's Palsy is a kind of brachial-plexus injury that affects the upper arms and shoulders. Most often, it is caused by trauma during childbirth and can cause weakness or paralysis in one arm. The majority of infants affected are unable to crawl or lift their weight.

This kind of birth injury usually occurs in breech births that are difficult or painful. When a baby gets stuck in the birth canal, doctors must employ force to get it out. This can cause damage or strain the nerves of the neck of the baby. This kind of birth trauma is known as shoulder dystocia and is the leading cause of Erb's palsy. It is the most common reason for permanent paralysis in newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws in place known as statutes of limitations which limit the time families can take legal action after a medical error causes an injury like Erb's palsy. However an attorney can help you file an Erb's palsy lawsuit even after this window has closed. Your lawyer will work closely with your family to determine if your child's injuries are due to medical negligence. They will engage medical professionals to review your child's medical records and offer their opinion. This is called the establishment of the standard of care applicable to your situation.

Erb's palsy is a type of brachial plexus syndrome that affects the movements and sensory responses in your child's arm. This is caused when the nerves of the brachialplexus are damaged during birth. It is often caused by medical personnel using excessive force to deliver the baby in cases of shoulder dystocia which can cause compression, stretch or tear the neck nerves.

Children with Erb's palsy require continuous rehabilitation and physical therapy. They might also have to acquire adaptive equipment for their homes. The compensation awarded by court can assist your family and you to pay these costs.