How to File an Erb's Palsy Claim

Medical negligence is when doctors fail to fulfill their duties of care and cause injuries or the worsening of an existing condition. Erb's palsy cases are no different.

Families may be able to receive compensation for the injury to the brachial area which could have been prevented. It also provides peace for the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth injury that can cause young people to develop weakening in one or both arms. The condition can also affect the way they move around, use their fingers and hold objects with their hands. A child may have to undergo physiotherapy or surgical procedures to improve their mobility.

The condition occurs when the shoulders and neck are strained over and above what they should be during births that are difficult. It could cause nerve damage to the brachialplexus, a network of primary nerves that extends from the infant's head to his arm and hand.

This happens when midwives or doctors apply too much pressure to a child's head during delivery and especially when the child is in the breech position. It could also occur when a medical professional uses too much force with vacuum extractors or forceps, pulling the neck of the newborn. Families can seek compensation for the expense of treatment by filing Erb's Palsy claims. Most of these cases are settled outside of court, avoiding lengthy trial proceedings.

How do I File an Erb's Palsy Claim?

If your child has been diagnosed with erb's palsy attorney palsy, you could be entitled to compensation from the medical professionals who were involved in the birth of your child. You can make a claim to cover your child's medical treatment or therapy equipment, adaptive equipment and education in the future.

Erb's palsy is caused when the tendons and nerves in the shoulder of your child become stretched or damaged during labor or delivery. The injury could be caused by a number factors, including a long, complicated labor or delivery, an induction, larger or breech infant, or complications following a previous birth.

If you file an Erb's palsy lawsuit, your legal team will collect evidence from medical records and other sources to support your claim. They will then try to reach a deal with the defendants in the case. Both sides will be awarded a settlement and the case will be closed. If a settlement is not reached, your case could go to trial. The jury will hear both sides' arguments and determine who was responsible for the injuries your child sustained.

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

You can receive compensation that can change your life, irrespective of whether your child's brachial-plexus is disabled due to an Erb's Palsy injury or another birth injury. The lawyer you hire can sue medical professionals responsible for the injury of your child to be held accountable for their medical negligence.

Nurses and doctors are required to ensure the highest level of care during the birth of babies. If they fail to do so they could inflict injuries. If your child sustained an Erb's palsy injury the injury could have been avoided.

A seasoned lawyer can conduct an extensive investigation to find evidence of negligence. They can also negotiate directly with the lawyers of the person responsible to avoid a court trial and receive compensation as quickly as they can. Compensation can cover the costs of your child's therapy, medical care or adaptive equipment, as well as rehabilitation. Compensation can also cover lost wages if you or a family member has had to miss work to care for your child. The statute of limitations or the deadline for filing lawsuits, varies by state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney who has the legal knowledge to be aware of the medical aspects involved in these cases, as well as the determination to challenge insurance companies that deny victims compensation they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can offer a thorough case review for families who suspect that their child may have suffered a preventable birth injury.

Erb's Palsy is an injury to the brachial plexus, Erb's Palsy which affects shoulders and upper arms. It is often resulted from trauma during delivery and can lead to weakness or even paralysis of one arm. Many infants suffering from this condition struggle to lift their weight or crawling.

This type of birth injury happens most often during difficult or breech delivery. When a baby is stuck in the birth canal medical professionals need to apply pressure to free them and cause damage or stretching of the nerves in the neck of the child. This kind of birth trauma is known as shoulder dystocia and is the main cause of Erb's palsy. It is the most common cause for permanent paralysis of newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws in place, called statutes of limitations which limit the length of time families can pursue legal action following a medical mistake that causes an injury like Erb's palsy. However an attorney can help you file an Erb's palsy lawsuit even after the time limit is over. Your attorney will work closely with your family to determine if your child's injuries are caused by medical negligence. They will hire medical professionals to evaluate your child's medical records and offer their opinion. This is referred to as establishing the applicable standard of care in your case.

Erb's Palsy is a kind of brachial palsy that affects the movement and sensory responses in your child's arm. This condition is caused by the brachialplexus' nerves are injured during birth. In cases of shoulder dystocia, it is usually caused by the medical staff applying excessive pressure when delivering the baby. This may compress and stretch, or even tear neck nerves.

Children with Erb's palsy require regular rehabilitation and physical therapy. They may also require adaptive equipment for their homes. The compensation that is awarded by the court could help you and your family pay for these costs.