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How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor is negligent in their duty of care for you, leading to injury or an existing condition becoming worse. Erb's Palsy cases aren't any different.

If a claim is successful, it can be a way to compensate families for their child's brachial plexus injury. It can also bring feelings of closure for the entire family.

What is Erb's Palsy Law Firms Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also affect the way they walk, use their fingers and hold objects in their hands. Most often, a child is required to undergo physical therapy and other surgical procedures to improve their mobility.

This condition occurs when the neck of the infant or shoulders are stretched beyond the normal during difficult births. It can cause nerve damage to the brachial-plexus which is a network of five primary nerves that connect the baby's neck down to the arm and hand, managing movement and feeling.

It could be caused by midwives or doctors pulling too hard on the head during a delivery particularly when a baby is in the in a breech position. It can also occur when medical professionals use forceps or a vacuum extractor, and applies excessive pressure, stretching the newborn's neck. Erb's palsy claims can assist families get compensation to cover the costs of treatment. A majority of these cases are settled outside of court, avoiding long trial processes.

How do I file an Erb's palsy claim?

You may be entitled to compensation if your child was diagnosed with the condition by the medical professionals involved in their birth. You can make a legal claim to cover your child's medical care as well as therapy equipment, adaptive equipment, as well as future education.

Erb's palsy is caused when the nerves and tendons in your child's shoulder become stretched or damaged during labor or delivery. This injury can be caused by a variety of factors, such as a lengthy, complex labor or induction, a larger or breech infant, or complications following the birth of a previous baby.

Your legal team will seek evidence from medical records and other sources to back your claim when you bring a lawsuit against Erb's Palsy. They will then try to reach an agreement with the defendants. In an agreement, both sides will receive a cash settlement and the case will be closed. If a settlement cannot be reached, your case may be brought to trial. The jury will listen to both sides and decide whether they are at fault for the injury suffered by your child.

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

You could be awarded compensation that can change your life no matter whether your child's brachial-plexus is disabled due to an injury from Erb's Palsy or another birth injury. Your lawyer can hold medical professionals accountable for their negligence in causing your child's injury.

Doctors and nurses are required to maintain the highest standards of care when delivering babies. If they fail to do so they may cause injuries. If your child sustained an injury referred to as Erb's-Palsy the injury could have been prevented.

An experienced lawyer can conduct a thorough investigation and find evidence of negligence. They may also be able to negotiate directly with the attorneys of the party responsible to avoid a trial and obtain compensation as fast as they can. In the event of a settlement, it can help cover the costs of your child's rehabilitation, medical care and essential adaptive equipment and therapy expenses. Compensation can also compensate for lost wages, if you or someone in your family was forced to take time off from work to take care of your children. The statute of limitations, or deadline to file lawsuits, differs from state to state.

How do I Select an Erb's Palsy Lawyer?

To be successful in an Erb's Palsy case, you'll need an attorney with the legal expertise and tenacity necessary to challenge insurance companies that refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb's Palsy attorneys have both of these qualities, and can provide a thorough evaluation of the case for families who suspect that their child has suffered an avoidable birth injury.

Erb's Palsy refers to an injury to the brachial plexus, which affects upper arms and shoulders. It is usually resulted from trauma during delivery and can lead to weakness or even paralysis of one arm. Most infants affected by this condition have difficulty lifting their weight or even crawling.

This kind of birth injury is usually experienced in breech births that are difficult or painful. When a baby gets stuck in the birth canal, medical professionals have to exert force to help them out 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 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, called statutes that restrict the time families can file a suit after an error in medicine results in an injury, such as Erb's Palsy. A lawyer can still assist you file a lawsuit for Erb's palsy even after the time limit has passed. Your attorney will work closely with your family to determine whether your child's injuries are due to negligence in the medical field. They will employ medical professionals who will review the records of your child's medical history and provide their opinion. This is known as establishing the standards of care for your particular situation.

Erb's Palsy is a type of brachial plexus palsy. It affects your child's movements and sensory responses. The cause is an injury to the nerves within the brachial plexus during birth. In cases of shoulder dystocia, it is usually caused by medical staff applying excessive pressure to deliver the baby. This may cause compression or stretch the neck nerves.

Children with Erb’s palsy need continuous rehabilitation and physiotherapy. They might also have to obtain adaptive equipment for their home. The compensation a judge awards can help your family with these costs.