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How to File an Erb's Palsy Claim

Medical malpractice happens when a doctor does not perform their duty of treating you with care, resulting to injury or an existing condition becoming worse. 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 provide feelings of closure for the entire family.

What is Erb's Palsy Claim?

Erb's palsy is a birth injury that can leave young people with weakening in one or both arms. The condition can also affect how they walk, use their hands and hold objects with their hands. A person in their early years may need to undergo physiotherapy or other surgical procedures in order 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 cause nerve injuries to the brachialplexus, which is an area of primary nerves which runs from the infant's head down to his arm and hand.

This happens when doctors or midwives apply too much pressure to the child's head during birth, especially if the child is in the breech position. It can also happen when a medical professional uses excessive force with forceps or vacuum extractors, pulling the neck of the newborn. Erb's palsy claims can help families recover compensation to cover the costs of treatment. A majority of these cases settle outside of court, avoiding lengthy trial procedures.

How do I file an Erb's palsy claim?

You could be entitled to compensation if your child was diagnosed with Erb’s palsy by the medical professionals involved in their birth. You can file a legal claim to pay for the medical treatment of your child as well as adaptive equipment, therapy and education in the future.

Erb's syndrome is caused by the tendons and nerves in your child's shoulder are stretched or damaged during the birth or during labor. The cause of this injury can be several factors, including a long or complex labor, an induced labor, a large baby, breech presentation, or complications resulting from a previous delivery.

Your legal team will gather evidence from medical records and other sources, to support your claim when you make a claim for Erb's Palsy. Then, they'll attempt to reach a settlement with the defendants. Both sides will be awarded a settlement, and the case will be closed. If a settlement is not possible, your case will go to trial. The jury will consider both sides and determine whether they were responsible for the harm to your child.

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

You could be awarded compensation that can change your life, irrespective of whether your child's plexus brachial was paralysed 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 have an obligation to observe a high standard of care during the birth. If they do not adhere to this they could cause injuries. It is possible to stop Erb's syndrome in your child.

A skilled lawyer can conduct an extensive investigation and find evidence of negligence. They can also negotiate directly with the lawyers of the party at fault to avoid a trial and get compensation as soon as they can. Compensation can cover the costs of your child's medical therapy, therapy and adaptive equipment as well as rehabilitation. Compensation may also cover lost earnings if you or a family member had to take time off to care for your child. The time-limit, 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 a lawyer with the legal expertise to understand the medical aspects involved in these cases and the determination to take on insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and are able to provide a thorough case review for families that suspect their child suffered a birth injury that could have been prevented.

Erb's Palsy refers to an injury to the brachial plexus, which affects upper arms and shoulders. Most often, it is caused by trauma during birth, and can lead to weakness or paralysis in one arm. The majority of infants suffering from this condition struggle to lift their weight or even crawling.

This kind of birth injury is usually experienced during difficult or breech deliveries. If a baby is trapped in the birth canal, medical professionals need to apply pressure to free them which can stretch or damage nerves in the neck of the child. This kind of birth trauma is referred to as shoulder dystocia and is the primary cause of Erb's palsy. It is also the most frequent cause of permanent paralysis among newborns.

How Can Erb's Palsy Lawyers Help Me?

There are laws, referred to as statutes which limit the time a family can file a suit after an medical error can cause an injury like Erb's Palsy. However an attorney can assist you file an Erb's Palsy lawsuit even if this time frame has passed. Your lawyer will work with your family to determine if your child's injury resulted from medical malpractice. They will recruit medical experts to examine your child's medical records and offer their opinion. This is known as establishing the standard of care that is applicable to your case.

Erb's Palsy is one type of brachial plexus palsy. It affects your child's movement and sensory responses. The cause is an injury to the nerves in the brachial area during birth. In cases of shoulder dystocia it is typically caused by the medical team applying excessive pressure when delivering the baby. This can compress and stretch, or even tear neck nerves.

Children with Erb's palsy require continuous rehabilitation and physiotherapy. Additionally, they may require adaptive equipment for their homes. Compensation awarded by a court could help your family pay for these costs.