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How to File an Erb's Palsy Claim

Medical negligence is when doctors fail to perform their duties of care which results in injuries or the worsening of an existing condition. Erb's Palsy cases aren't any different.

If a claim is successful, it can give families compensation for their child's brachial plexus injury. It can also bring 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 also affect how they move, hold objects with their hands and use their fingers. Most often, a child will require physical therapy and other surgical procedures to improve their mobility.

This is a condition that occurs when the infant's neck or shoulders are stretched beyond what is normal in difficult births. It could result in nerve damage to the brachial plexus which is a network comprised of five nerves which extend from the neck of the baby down to the hand and arm that control movement and feel.

It can be caused by midwives or doctors pulling too hard on the head during a labor particularly when a baby is in a Breech position. It could also occur when a medical professional uses too much force with vacuum extractors or forceps, stretching the neck of the newborn. Erb's claims for palsy can help families receive compensation to pay the costs 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 the condition Erb's palsy you could be entitled compensation from the medical professionals involved in their birth. You can file a legal claim to cover your child’s medical care, adaptive equipment, therapy and even future education.

Erb's Palsy happens when the muscles or nerves of your child's shoulders are damaged or stretched during delivery or labor. This injury can result from a variety of reasons, including a long, complicated labor or induction, a larger or breech infant, or complications after the birth of a previous baby.

Your legal team will collect evidence from medical records and other sources, to back your claim when you start a lawsuit for Erb's Palsy. They will then attempt to reach a settlement with the defendants in the case. Both sides will be awarded an agreement and the case will be closed. If a settlement is not reached, your case may go to trial. The jury will consider both sides' arguments before deciding who was responsible for the injury your child sustained.

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

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

Doctors and nurses have an obligation to observe the highest standards of care during the delivery. They can cause injuries if they fail to do so. If your child was injured by an Erb's palsy injury it could have been prevented.

A skilled lawyer will be able conduct an extensive investigation to identify evidence of negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and receive the maximum amount of compensation as quickly as is possible. Compensation may cover the cost of your child's therapy, medical treatment as well as adaptive equipment and rehabilitation. Compensation can also cover lost earnings if you or a family member has to to care for your child. The statute of limitations or the time limit to file a lawsuit, differs by state.

How do I pick an Erb's Palsy lawyer?

A successful Erb's Palsy claim requires a lawyer with the legal expertise to understand the medical issues that arise in these cases and determination to challenge insurance companies that deny victims compensation they deserve. Our Brooklyn Erb's Palsy attorneys possess both of these attributes, and can provide a thorough evaluation of the case for families who suspect their child suffered a reversible birth injury.

Erb's palsy is a form of brachial plexus injury which affects the upper arms and shoulders. It is typically caused by trauma during delivery and can result in weakness or even paralysis of one arm. Most infants with this condition are unable to lift their weight or crawling.

This kind of birth injury is usually experienced during difficult or breech deliveries. If a baby is stuck in the birth canal, doctors will employ force to get it out. This can damage or stretch the nerves in the child's neck. This kind of birth trauma is referred to as shoulder dystocia, and is the main cause of the Erb's condition. It is the most frequent cause of permanent paralysis in newborns.

What can Erb's Palsy Lawyers assist me?

There are laws in place that are known as statutes of limitations which limit how long families can pursue legal action following a medical mistake that causes an injury similar to Erb's palsy. An attorney can help you file a lawsuit for Erb's Palsy even if the statute of limitations has run out. Your lawyer will work with your family members to determine if the injury suffered by your child was the result of medical negligence. They will employ medical professionals who will examine the records of your child and provide 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. The cause is an injury to the nerves within the brachial plexus at the birth. It is usually due to medical staff applying excessive force to deliver the baby in cases of shoulder dystocia, which can compress, stretch, or tear the neck nerves.

Children with Erb's palsy require continuous rehabilitation and physical therapy. They also may need to acquire adaptive equipment for their home. Compensation awarded by a court will help your family to pay for these expenses.