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How to File an Erb's Palsy Claim

Medical malpractice happens when a doctor is negligent in their duty of care for you, leading to injury or a health condition that is getting worse. Erb's palsy cases are no different.

Families can be compensated for an injury to the brachial plexus that could have been avoided. It also can bring a sense of closure for the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth defect that can leave young people with weakening in one or both arms. The condition can also affect the way they walk, use their hands and hold objects in their hands. A young person will need to undergo physiotherapy and have other surgical procedures to improve their mobility.

This happens when the baby's neck and shoulders are stretched beyond what is normal during difficult births. It could cause nerve damage to the brachial plexus, a network of five nerves primary that extend from the neck of the baby down to the arm and hand, managing movement and feeling.

This can happen when doctors or midwives are too firm on the baby's head during delivery 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 too much pressure, causing stretching of the newborn's neck. Families can recover compensation for the cost of treatment by filing Erb's Palsy claims. A majority of these cases are settled outside of court, avoiding lengthy trial procedures.

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 who were involved in the birth of your child. You can file a legal claim to cover your child’s medical care as well as therapy equipment, adaptive equipment, and even future education.

Erb's palsy is a condition that occurs when the muscles or nerves in your child's shoulders are stretched or damaged during delivery or labor. The injury could result from various causes, such as a long or difficult labor, induced labor, a large baby, breech presentation, or complications from an earlier delivery.

If 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. Then, they'll attempt to negotiate a settlement with the defendants. Both sides will be awarded a settlement and the case will be closed. If a settlement isn't feasible your case will go to trial. The jury will hear both sides and decide whether they were the ones responsible for the harm suffered by your child.

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

You could receive compensation that will change your life no matter the fact that your child's brachial plexus was disabled due to an Erb's Palsy injury or any other type of birth injury. Your lawyer can hold medical professionals accountable for their negligence in causing your child's injury.

Doctors and nurses are required to maintain an excellent level of care when they deliver babies. They can cause injuries if they do not. If your child sustained an Erb's palsy injury it could have been prevented.

A skilled lawyer can conduct a thorough investigation and find evidence of the negligence. They can also negotiate directly with the lawyers of the party at fault to avoid a trial and receive compensation as fast as they can. Compensation can cover the costs of your child's medical treatment, therapy as well as adaptive equipment and rehabilitation. Compensation can also be used to pay for lost wages if a family member has to leave work to care for your child. The statute of limitation, or deadline to file lawsuits, varies by state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney with the legal expertise to be aware of the medical issues 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 possess both of these attributes and can provide a thorough case evaluation for families who suspect their child may have suffered a preventable birth injury.

Erb's palsy is a type of brachial plexus injury that affects the upper arms and shoulders. It is typically caused by trauma during birth and can result in weakness or even paralysis of one arm. Many infants who suffer from the condition have difficulty crawling or lifting their weight.

This kind of birth injury is usually experienced during difficult or breech deliveries. When a baby gets stuck in the birth canal, medical professionals need to apply force to free them which may stretch or damage the nerves that run through the neck of the infant. This kind of birth trauma is known as shoulder dystocia and is the most common cause of Erb's palsy. It is the leading reason for permanent paralysis in newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws in place, called statutes of limitations, that restrict how long 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 attorney will work closely with you and your family to determine if your child's injury is due to negligence in the medical field. They will engage medical professionals who will review the records of your child's medical history and provide their opinion. This is known as establishing the standards of care for your situation.

Erb's Palsy is one type of brachial-plexus aplasia. It affects your child's movement and sensory responses. The cause is an injury to the nerves of the brachial nerve during birth. In cases of shoulder dystocia it is typically caused by medical personnel using excessive pressure to deliver the baby. This can cause compression and stretch, or even tear neck nerves.

Children with Erb's palsy require ongoing rehabilitation and physical therapy. They might also have to purchase adaptive equipment for their homes. The compensation a judge awards can help the family cover these costs.