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How to File an Erb's Palsy Claim

Medical negligence is when doctors do not fulfill their duty of care which results in injury or worsening of an existing condition. The cases involving Erb's palsy are no different.

Families can receive compensation for an injury to the brachial nerve that could have been avoided. It can also bring the feeling of closure for the family.

What is Erb's palsy claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can affect their ability to move, hold objects in their hand and use their fingers. Young people may have to undergo physiotherapy or surgical procedures to improve their mobility.

This condition occurs when the infant's neck or shoulders are stretched beyond the normal during births that are difficult. It can result in nerve damage to the brachial-plexus which is a system of five nerves that are located from the neck of the infant down to the arm and hand which control movement and sensation.

It could be caused by doctors or midwives pushing too hard on the head during a birth, especially when a child is in the forward position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, stretching the neck of the newborn. Erb's claims for palsy can help families get compensation to cover the cost of treatment. Many of these cases are settled 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 may be entitled to compensation from the medical professionals involved in their birth. You can make a legal claim to pay for your child’s medical care and therapy equipment, adaptive equipment, as well as future education.

Erb's palsy is a condition that occurs when the muscles or nerves of your child's shoulders are damaged or stretched during labor or delivery. This injury can result from a variety of factors, such as a prolonged, complicated labor, an induction, a large or breech baby or complications after the birth of a previous baby.

When you file an Erb's Palsy lawsuit and have your legal team gather evidence from medical records and other sources to back your claim. They will then try to reach a settlement with the defendants. Both sides will receive a settlement and the case will be closed. If a settlement isn't possible your case will be sent to trial. The jury will listen to both sides and decide if they were at fault for the injury suffered by your child.

What is the Statute of Limitations for Erb's Palsy Cases

If your child's brachial-plexus was paralysed as the result of an Erb's syndrome injury or another birth injury, it is possible to get legal justice and life-changing compensation. Your lawyer can sue the medical professionals responsible for the injury of your child to be held accountable for their medical negligence.

Nurses and doctors have the obligation to maintain a high standard of care during delivery. If they do not adhere to this, they can cause injuries. If your child sustained an injury from Erb's Palsy, it could have been prevented.

An experienced lawyer can conduct an exhaustive investigation to identify evidence of negligence. They can also negotiate with the responsible party's lawyers to avoid trial and secure compensation as quickly as possible. The compensation you receive can help cover the costs of your child's medical treatment, rehabilitation and equipment for adaptive use, and therapy expenses. Compensation may also help cover the loss of earnings if you or a family member was forced 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 choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney who has the legal knowledge to understand the medical aspects involved in these cases as well as the determination to fight insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can provide a thorough case review for families who suspect that their child suffered a preventable birth injury.

Erb's palsy is a form of brachial-plexus injury that affects the upper arms and shoulders. Most often, it's caused by a trauma during childbirth, and can cause weakness or paralysis in one arm. Most infants with the condition have difficulty crawling or lifting their weight.

This type of birth injury typically occurs when breech or difficult deliveries. If a baby becomes stuck in the birth canal medical professionals must use the force necessary to free them and stretch or damage nerves that run through the neck of the infant. This kind of birth trauma, also referred to as shoulder dystocia is the primary cause of Erb's Palsy. It is the most frequent cause of permanent paralysis for newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws in force called statutes of limitation which limit the length of time families are allowed to file legal actions after a medical error causes an injury such as Erb's Palsy. A lawyer can still help you file a lawsuit against Erb's Palsy even if the statute of limitations has expired. Your lawyer will work with your family members to determine if the injury of your child was caused by medical malpractice. They will hire medical professionals to evaluate your child's medical records and provide their opinion. This is known as establishing the applicable standards of care in your situation.

Erb's Palsy is a type of brachial plexus palsy. It affects your child's movements and sensory responses. This condition is caused when the brachialplexus' nerves are damaged during birth. When shoulder dystocia occurs, it is typically caused by the medical team applying excessive pressure when delivering the baby. This may compress and stretch or tear the neck nerves.

Children suffering from Erb's palsy require continuous rehabilitation and physiotherapy. They also may require adaptive equipment for their homes. The compensation awarded by a court can help your family cover these costs.