How to File an Erb's Palsy Claim

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

Families can receive compensation for an injury to the brachial nerve that could have been avoided. It can also bring 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 Erb's Palsy Lawyer both arms. The condition can also affect the way they move around, use their fingers and hold objects with their hands. Most often, a child may require physiotherapy and have other surgical procedures to improve their mobility.

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

It could be caused by doctors or midwives pushing too hard on the head during the delivery or when a child is in an Breech position. It can also occur when medical professionals use forceps or a vacuum extractor and applies too much pressure, stretching the neck of the newborn. Erb's claims for palsy can help families obtain compensation to pay the cost of treatment. A majority of these cases settle outside of court, avoiding lengthy trial procedures.

How do I File an Erb's Claim?

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

Erb's palsy is a condition that occurs when the muscles or nerves in your child's shoulders are stretched or damaged during labor or delivery. The injury could result from many factors, including a long or difficult labor, uninvolved labor, a big baby, breech presentation or complications that result from a previous delivery.

Your legal team will seek evidence from medical records and other sources, to back your claim when you file a lawsuit for Erb's Palsy. They will then try to reach an agreement with the defendants. Both sides will be awarded a settlement, and the case will be closed. If a settlement cannot be reached, your case may go to trial. The jury will be able to hear both sides' arguments and then decide who is responsible for the injury your child sustained.

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

If your child's plexus brachial was paralysed as the result of an Erb's Palsy injury or another type of birth injury, you can claim legal recourse and life-changing compensation. Your lawyer can seek to pursue the health professionals who caused your child's injury to make them accountable for their medical negligence.

Nurses and doctors must maintain the highest standards of care when delivering babies. If they fail to adhere to this they may cause injuries. If your child sustained an injury from erb's palsy attorneys Palsy, it could have been avoided.

An experienced lawyer can conduct an extensive investigation and find evidence of negligent actions. They can also work directly with the lawyers of the party who is at fault to avoid a court trial and seek compensation as quickly as they can. Compensation can be used to cover the cost of your child's medical treatment, therapy or adaptive equipment, as well as rehabilitation. Compensation can also compensate for lost earnings if you or your family member had to take time away from work to care for your children. The time period for filing a lawsuit or deadline for filing lawsuits, differs by state.

How do I choose an Erb's Palsy Lawyer?

To win an Erb's Palsy case, you need a lawyer who has the legal expertise and tenacity required to battle insurance companies who refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and are able to provide a thorough case evaluation 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. It is typically caused by trauma during childbirth and can cause weakness or paralysis in one arm. Many infants suffering from this condition struggle to lift their body weight or crawling.

This kind of birth injury usually occurs during difficult or breech deliveries. When a baby is stuck in the birth canal medical professionals have to exert force to help them out which may stretch or damage the nerves of the neck of the child. This type of birth trauma is known as shoulder dystocia, and is the leading cause of Erb's palsy. It is also the most common cause of permanent paralysis in newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws, known as statutes that limit the length of time a family is allowed to file a lawsuit if an error in medical care causes an injury such as Erb's Palsy. However an attorney can help to file an Erb's psy lawsuit even after this window has closed. Your lawyer will work with your family members to determine if the injury suffered by your child was the result of medical malpractice. They will engage medical professionals who will look over the records of your child's medical history and provide their opinion. This is known as setting the standard of care that applies to your situation.

Erb's Palsy is a kind of brachial palsy that affects the movement and sensory responses in your child's arm. The cause is an injury to the nerves of the brachial area during birth. When shoulder dystocia occurs, it is usually caused by the medical staff applying excessive pressure when delivering the baby. This may compress and stretch or tear the neck nerves.

Children with Erb's Palsy require ongoing rehabilitation and physical therapy. Also, they may need adaptive equipment for their homes. The compensation a judge awards can help the family pay for Erb's Palsy lawyer these costs.