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How to File an Erb's Palsy Claim

Medical malpractice is when a physician does not perform their duty of care to you, leading to injury or a health condition that is getting worse. Erb's palsy cases are no different.

A successful claim can provide families with compensation for their child's recurrable brachial plexus injury. It also can bring an emotional sense of closure to 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 affect how they move, hold objects with their hand and use their fingers. In most cases, a young person may require physical therapy as well as undergo other surgical procedures to improve their mobility.

The condition can occur when the shoulders and neck are straining beyond what they should be during difficult births. It can cause nerve injury to the brachialplexus, an area of primary nerves which runs from the infant's head to his arm and hand.

This can happen when midwives or doctors push too hard on the baby's head during 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 too much pressure, stretching the newborn's neck. Families can recover compensation for the expense of treatment by filing Erb's Palsy claims. A majority of these cases settle out of court to avoid long trial processes.

How do I File an Erb's Palsy Claim?

If your child was diagnosed with Erb's palsy, you could be entitled compensation from the medical professionals involved in their child's birth. A legal claim could aid in the payment of your child's medical treatments as well as any adaptive equipment needed for therapy, and education in the future.

Erb's palsy is a condition that occurs when the nerves or tendons of your child's shoulders are stretched or damaged during labor or delivery. The injury could be caused by a variety of factors, such as a long, complicated labor or delivery, an induction, larger or breech infant, or complications after a previous birth.

If you file an Erb's palsy lawsuit and your legal team will collect evidence from medical records and other sources to prove your claim. Then, they'll try to negotiate a settlement with the defendants. Both sides will receive an agreement and the case will be closed. If a settlement cannot be reached, your case will go to trial. The jury will be able to hear both sides' arguments and determine who was responsible for your child's injury.

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

You could be awarded compensation that will alter your life, regardless of the fact that your child's brachial plexus was paralysed due to an Erb's Palsy injury or another birth injury. Your lawyer can seek to pursue the health care professionals responsible for your child's injury to be held accountable for their medical negligence.

Doctors and nurses are required to ensure the highest standards of care when they deliver babies. They can cause injuries if they fail to do so. If your child suffered an Erb's palsy injury the injury could have been avoided.

A seasoned lawyer can conduct a thorough investigation in order to identify evidence of negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and receive the compensation as quickly as they can. In the event of a settlement, it can help cover the cost of your child's medical treatment, rehabilitation and equipment for adaptive use, and therapy expenses. Compensation can also be used to pay for lost wages if a family member has to take time off work to take care of your child. The statute of limitations or deadline to file lawsuits, varies by state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer with the legal expertise to be aware of the medical issues involved in these cases, as well as the tenacity to fight the insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these attributes and can provide a thorough review of the case for families who suspect their child may have suffered a preventable birth injury.

erb's palsy lawsuits Palsy is a kind of brachial plexus injury that affects the upper arms and shoulders. Most often, it's caused by a trauma in birth and can result in weakness or paralysis in one arm. Most infants affected by this condition have trouble lifting their body weight or even crawling.

This kind of birth injury occurs most often during breech or difficult delivery. If a baby becomes stuck in the birth canal medical professionals need to apply pressure to free them which may stretch or damage the nerves in the child's neck. This kind of birth trauma is referred to as shoulder dystocia and is the most common cause of Erb's palsy. It is the most prevalent cause for permanent paralysis of newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws in place called statutes of limitation, that restrict how long families are allowed to file legal actions after a medical mishap causes an injury like Erb's palsy. However, a lawyer can help you file an Erb's palsy lawsuit even if this time frame is over. Your lawyer will work with your family members to determine if your child's injury resulted from medical negligence. They will employ medical professionals who will evaluate the records of your child and provide their opinion. This is known as establishing the applicable standards of care for your case.

Erb's palsy is a form of brachial-plexus syndrome. It affects your child's movement and sensory responses. The cause is an injury to the nerves of the brachial plexus at the birth. It is most often caused by medical personnel using excessive force to deliver the baby in cases of shoulder dystocia, which can cause swelling, stretch or tear nerves in the neck.

Children with Erb's palsy require continuous rehabilitation and physiotherapy. Also, they may need adaptive equipment for their homes. The compensation granted by the court can help your family and you pay these costs.