How to File an Erb's Palsy Claim

Medical malpractice is when doctors do not fulfill their obligations to patients that results in injury or worsening of an existing condition. Erb's palsy cases are no different.

A successful claim can award families compensation for their child's brachial plexus injury. It could also provide a sense 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 move, use their fingers and hold objects in their hands. A young person will need to undergo physical therapy as well as undergo other surgical procedures to improve their mobility.

This happens when the infant's neck or shoulders are stretched beyond what is normal in difficult births. It can cause nerve damage to the brachial area which is a network of five nerves primary that connect the baby's neck down to the hand and arm that control movement and feel.

It can be caused by midwives or doctors pulling too hard on the head during a birth, especially when a child is in the breech position. It can also occur when a medical professional uses forceps or a vacuum extractor and applies excessive pressure, which causes stretching of the neck of the newborn. Families can seek compensation for the costs of treatment by filing Erb's Palsy claims. Many of these cases are settled outside of court, avoiding long trial processes.

How Do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's palsy, you could be entitled compensation from the medical professionals who were involved in their child's birth. A legal claim could aid in the payment of the medical care of your child and adaptive equipment that is required for therapy, and even future education.

Erb's Palsy happens when the muscles or nerves in your child's shoulders are damaged or stretched during delivery or labor. The cause of this injury can be a number of causes, such as a long or complicated labor, induced labor, a large baby, breech presentation, or complications from an earlier delivery.

When you file an Erb's palsy lawsuit the legal team will collect evidence from medical records and other sources to prove your claim. They will then attempt to reach a settlement with the defendants in the case. Both sides will receive an agreement, 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 if they were at fault for the harm suffered by your child.

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

You can receive compensation that will alter your life, regardless of whether your child's brachial-plexus was crippled due to an Erb's Palsy injury or another birth injury. Your lawyer can hold health care professionals accountable for their negligence in causing your child's injury.

Doctors and nurses are required to ensure the highest level of care when giving birth to babies. They could cause injuries if they fail to do so. If your child has suffered an Erb's palsy injury, it could have been prevented.

A skilled lawyer will be able conduct an exhaustive investigation to discover evidence of negligence. They can also negotiate with the at-fault party's attorneys to avoid a trial and get compensation as quickly as possible. Compensation can cover the costs of your child's therapy, medical care and adaptive equipment as well as rehabilitation. Compensation may also cover lost earnings if you or a family member has to leave work to take care of your child. The time limit or deadline for filing lawsuits, differs by state.

How Do I Choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney who has the legal knowledge to comprehend the medical issues that arise in these cases and determination to challenge insurance companies that deny victims the money they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these skills and can provide a thorough case evaluation for families that suspect their child has suffered a preventable birth injury.

Erb's Palsy refers to an injury to the brachial plexus, which affects upper arms and shoulders. It is most often caused by trauma during delivery and can lead to weakness or even paralysis of one arm. The majority of infants affected have trouble crawling or lifting their weight.

This type of birth injury typically occurs during breech or difficult births. If a baby is trapped in the birth canal medical professionals have to exert the force necessary to free them and stretch or damage the nerves in the neck of the child. This type of birth trauma is referred to as shoulder dystocia and is the most common cause of Erb's palsy. It is also the most common cause of permanent paralysis in newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws in force known as statutes of limitations, that restrict how long families are allowed to file legal actions after a medical mishap causes an injury like Erb's palsy. However lawyers can help you file an Erb's palsy lawsuit even after the time limit has expired. Your attorney will work closely with you and your family to determine whether your child's injuries are due to negligence on the part of a medical professional. They will engage medical professionals who will review the medical records of your child and offer their opinion. This is known as establishing the standards of care that is applicable to your case.

Erb's palsy is a form of brachial palsy that affects the movement and sensory response in your child's arm. The cause is an injury to the nerves within the brachial plexus at birth. When shoulder dystocia occurs, it is typically caused by the medical team applying excessive pressure to deliver the baby. This can cause compression and stretch or tear the neck nerves.

Children with Erb's palsy require continuous rehabilitation and physical therapy. They may also require purchase adaptive equipment for their home. The compensation a judge awards could help your family cover these costs.