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 aren't different.

Filing a successful claim can award families compensation for their child's recurrable brachial plexus injury. It also can provide closure for the entire family.

What is an Erb's Palsy Claim?

Erb's palsy is a birth injury that can leave young people with weakness in one or both arms. The condition can also affect the way they move, use their fingers and hold objects in their hands. A person in their early years may need to undergo physiotherapy or surgical procedures to improve their mobility.

This happens when the infant's neck or shoulders are stretched beyond the normal in difficult births. It could cause nerve damage to the brachialplexus. It is an essential nerve system that runs from the baby's head to his arm and hand.

This can happen when midwives or doctors push too hard on the head of a newborn during birth particularly if the child is in the breech position. It could also occur when a medical professional applies too much force with vacuum extractors or forceps pulling the neck of the newborn. Erb's claims for palsy can help families get compensation to cover the costs of treatment. Most of these cases are settled outside of court, which avoids lengthy trial proceedings.

How do I file an Erb's palsy claim?

You could be entitled to compensation when your child was diagnosed with Erb’s palsy by the medical professionals involved in their birth. A legal claim can help you pay for your child's medical treatment and adaptive equipment that is required for therapy, and education in the future.

Erb's syndrome is caused by the nerves and tendons of your child's shoulder are stretched or damaged during labor or delivery. The injury could result from a number of factors, including a long or complicated labor, induced labor, a large baby, a breech presentation or complications from an earlier birth.

Your legal team will seek evidence from medical records, and other sources, to prove your claim when you start a lawsuit for Erb's Palsy. They will then attempt to negotiate a settlement agreement with the defendants in the case. In the event of a settlement, both parties will receive a payment and the case will be closed. If a settlement is not feasible your case will go to trial. The jury will listen to both sides and decide whether they are at fault for the harm to your child.

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

Whether your child's brachial plexus was paralyzed as a result of an Erb's syndrome injury or another birth injury, you can receive legal justice and life-changing compensation. Your lawyer can seek to pursue the health professionals who caused the child's injury and hold them accountable for their medical negligence.

Nurses and doctors must maintain a high level of care when delivering babies. If they do not adhere to this, they can cause injuries. It is possible to prevent Erb's palsy in your child.

An experienced lawyer will be able to conduct an exhaustive investigation to uncover evidence of negligence. They can also directly negotiate with the lawyers of the person responsible to avoid a court trial and obtain the compensation they can. Compensation can be used to cover the cost of your child's therapy, medical care as well as adaptive equipment and rehabilitation. Compensation may also help cover the loss of earnings if you or your family member was forced to take time off from work to care for your children. The time-limit, or deadline for filing a lawsuit, is different per 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 know the medical issues involved in these cases as well as the tenacity to fight the insurance companies that deny victims compensation they are entitled to. Our Brooklyn erb's palsy law firm Palsy lawyers possess both of these skills and can provide a thorough case evaluation for families who suspect that their child has suffered a preventable birth injury.

Erb's palsy is an injury to the brachial plexus that affects the shoulders and upper arms. It is usually caused by a trauma during childbirth, and can cause weakness or paralysis in one arm. Many infants who suffer from the condition are unable to crawl or lift their weight.

This type of birth injury typically occurs during difficult or breech deliveries. When a baby is trapped in the birth canal, doctors will apply force to push it out. This could cause damage or stretch the nerves in the child's neck. This type of birth trauma, also known as shoulder dystocia, is the primary 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 how long a family is allowed to file a lawsuit if an medical error results in injury, like Erb's palsy. However, a lawyer can help to file an Erb's psy lawsuit even after the time limit is over. Your attorney will work with your family to determine if your child's injury was the result of medical negligence. They will hire medical professionals to review the medical records of your child and offer their opinions. This is known as establishing the standards of care for your particular situation.

Erb's Palsy is a kind of brachial plexus palsy that affects the movements and sensory responses in your child's arm. This condition is caused when the brachialplexus's nerves are injured during the birth. It is usually due to medical staff applying excessive force to deliver the baby in cases of shoulder dystocia, which can compress, stretch or tear the nerves in the neck.

Children with Erb's syndrome require ongoing rehabilitation and physiotherapy. They might also have to get adaptive equipment for their home. The compensation that is awarded by the court can aid you and your family pay for the costs.