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How to File an Erb's Palsy Claim

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

Filing a successful claim can give families compensation for their child's avoidable brachial plexus injury. It could also provide a sense of closure for the family.

What is an 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 their ability to move, hold objects in their hands and use their fingers. In most cases, a young person may require physical therapy and other surgical procedures to improve their mobility.

This condition occurs when the baby's neck or shoulders are stretched beyond the normal in difficult births. It could cause nerve damage to the brachial plexus which is a network comprised of five nerves which extend from the neck of the baby down to the hand and arm, managing movement and feeling.

It could be caused by midwives or doctors pushing too hard on the head during the delivery, especially when a child is in an breech position. It can also happen when a medical professional uses excessive force with forceps or Erb's palsy lawyer vacuum extractors, pushing the neck of the newborn. Erb's palsy claims can assist 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 palsy claim?

You could be entitled to compensation If your child was identified with Erb’s palsy by the medical professionals involved in their birth. A legal claim could help you pay for your child's medical treatment as well as the necessary adaptive equipment therapy, and future education.

Erb's palsy is caused when the nerves and tendons of the shoulder of your child are stretched or damaged during labor or delivery. The cause of this condition can be various reasons, such as a lengthy or complicated labor, an birth-induced labor, a larger baby, a breech appearance, or complications from an earlier delivery.

When you file an Erb's palsy lawsuit and your legal team will collect evidence from medical records as well as other sources to support your claim. Then, they'll try to reach an agreement with the defendants. Both sides will receive an agreement, and the case will be closed. If a settlement is not reached, your case could be heard in court. The jury will listen to both sides and decide if they were at fault for the harm to your child.

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

Whether your child's brachial plexus was paralysed as the result of an Erb's syndrome injury or another type of birth injury, you could receive legal justice and life-changing compensation. Your lawyer can hold medical professionals accountable for their negligence in causing the injury to your child.

Doctors and nurses are required to ensure the highest level of care when delivering babies. They can cause injuries if they don't. If your child has suffered an injury to the Erb's palsy the injury could have been prevented.

A seasoned lawyer will be able to conduct an extensive investigation to discover evidence of negligence. They can also directly negotiate with the attorneys of the party responsible to avoid a trial and receive compensation as soon as they can. Getting compensation can help cover the costs of your child's medical treatment, rehabilitation, essential adaptive equipment, and therapy costs. Compensation may also cover lost wages if a family member had to leave to care for your child. The time period for filing a lawsuit or the time limit for filing a lawsuit, is different per state.

What should I look for in an Erb's Palsy lawyer?

To be successful in an Erb's Palsy case, you need a lawyer who has the legal expertise and tenacity required to battle insurance companies that refuse to pay victims the money they are entitled to. Our Brooklyn Erb’s Palsy attorneys possess both of these qualities and can provide a thorough analysis of the case for families who suspect that their child has suffered an avoidable birth injury.

Erb's palsy is an injury to the brachial plexus that affects the shoulders and upper arms. It is usually caused by trauma during birth and can lead to weakness or even paralysis of one arm. Many infants suffering from this condition struggle to lift their body weight or crawling.

This type of birth injury is usually experienced in breech births that are difficult or painful. If a baby becomes stuck in the birth canal medical professionals need to apply the force necessary to free them which may stretch or damage nerves that run through the neck of the infant. This kind of birth trauma, also known as shoulder dystocia, is the most common cause of Erb's Palsy. It is the most common reason for permanent paralysis in newborns.

How can Erb's Palsy Lawyers help me?

There are laws, also known as statutes, that limit how long families can file a lawsuit when an error Erb's palsy lawyer in medicine results in 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 injury is caused by negligence in the medical field. They will hire medical professionals to look over the medical records of your child and offer their opinions. This is known as establishing the standard of care that is applicable to your situation.

Erb's palsy is a type of brachial plexus syndrome that affects the movements and sensory responses in your child's arm. This condition is caused by an injury to the nerves in the brachial plexus during the birth. In cases of shoulder dystocia, it is usually caused by medical staff using excessive pressure to deliver the baby. This may compress and stretch or tear the neck nerves.

Children suffering from Erb's palsy need regular rehabilitation and physiotherapy. Also, they may need adaptive equipment for their homes. The compensation that is awarded by the court can assist your family and you pay the costs.