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How to File an Erb's Palsy Claim

Medical malpractice happens when a doctor fails in their duty of care for you, leading to injury or an existing condition becoming worse. The cases involving Erb's palsy are no different.

The filing of a successful claim could provide families with compensation for their child's preventable brachial plexus injury. It can also provide closure for the entire family.

What is an Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can affect how they walk, hold objects in their hand and use their fingers. In most cases, a young person is required to undergo physical therapy and other surgical procedures to improve their mobility.

The condition is caused when the shoulders and neck are stretched over and above what they should be during difficult births. It can result in nerve injury to the brachialplexus. This is the primary nerve network that connects the baby's head down to the arm and hand.

This happens when midwives or doctors apply too much pressure to the child's head during birth particularly if the child is in the breech position. It can also happen when a medical professional uses excessive force with forceps or vacuum extractors, stretching the neck of the newborn. Families may be able to recover compensation for the costs of treatment by filing Erb's-Palsy claims. A majority of these cases settle outside of court, avoiding long trial processes.

How do I file an Erb's palsy claim?

You may be entitled to compensation in the event that your child was diagnosed with the condition Erb's palsy by medical experts involved in their birth. You can file a legal claim to cover the medical treatment of your child or therapy equipment, adaptive equipment and future education.

Erb's syndrome is caused by the nerves and tendons of your child's shoulder become stretched or damaged during labor or delivery. The cause of this injury can be many factors, including a long or complicated labor, an induced labor, a large baby, a breech appearance, or complications from an earlier birth.

Your legal team will seek evidence from medical records, and other sources, to back your claim when you bring a lawsuit against Erb's Palsy. Then, they will try to negotiate a settlement with the defendants. Both sides will be awarded a settlement and the case will be closed. If a settlement is not reached, the case may be heard in court. The jury will hear both sides and decide if they were at fault for the harm to your child.

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

You could be awarded an amount of money that can transform your life, regardless of whether your child's brachial-plexus is affected by an injury caused by Erb's or another birth injury. The lawyer you hire can sue medical professionals responsible for the child's injury and ensure that they are held accountable for their medical negligence.

Doctors and nurses are bound by an obligation to observe an extremely high standard of care during the birth. They could cause injuries if they do not. If your child suffered an Erb's palsy injury it could have been prevented.

A seasoned lawyer will be able conduct an extensive investigation to uncover evidence of negligence. They may also be able to negotiate directly with the attorneys of the party responsible to avoid a court trial and get compensation as fast as they can. Compensation can cover the costs of your child's medical therapy, therapy and adaptive equipment as well as rehabilitation. Compensation may also cover lost earnings if you or a family member had to leave to care for your child. The statute of limitation, or deadline to file a lawsuit, differs by state.

How Do I Choose an Erb's Palsy Lawyer?

To win an Erb's Palsy case, you'll need a lawyer who has the legal knowledge and determination necessary to challenge insurance companies that refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can provide a thorough review of the case for families that suspect their child may have suffered a preventable birth injury.

Erb's palsy is an injury to the brachial nerve that affects shoulders and upper arms. Most often, it's result of a trauma that occurs 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 type of birth injury happens typically during difficult or breech delivery. If a baby is stuck in the birthing canal, doctors have to use force to get it out. This can harm or stretch the nerves in the neck of the baby. This kind of birth trauma is referred to as shoulder dystocia and is the leading cause of Erb's syndrome. It is the most common cause of permanent paralysis for newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws in force called statutes of limitation which limit how long families can take legal action after a medical error causes an injury, such as erb's palsy lawsuit paralysis. A lawyer can assist you file a lawsuit against Erb's Palsy even if the time limit has passed. Your lawyer will work closely with you and your family to determine whether your child's injury is due to medical negligence. They will engage medical professionals who will look over the medical records of your child and offer their opinion. This is called establishing the standard of care for your case.

Erb's Palsy is one type of brachial plexus palsy. It affects your child's movements and sensory responses. This condition is caused by the brachialplexus' nerves are injured during birth. It is most often due to medical staff applying excessive force to deliver the baby in cases of shoulder dystocia which can cause compression, stretch, or tear the nerves in the neck.

Children with Erb's Palsy require regular rehabilitation and physiotherapy. They may also require acquire adaptive equipment for their homes. The compensation granted by the court can assist your family and you to pay these expenses.