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How to File an Erb's Palsy Claim

Medical malpractice is when a physician fails in their duty of treating you with care, resulting to injury or a condition becoming worse. Erb's palsy cases are no different.

Families can be compensated for an injury to the brachial nerve that could have been avoided. It can also provide closure for the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth defect that can cause young people to develop weakening in one or both arms. The condition can also affect the way they walk, use their hands and hold objects in their hands. Most often, a child will require physiotherapy or other surgical procedures to improve their mobility.

The condition is caused when an infant's shoulders and neck are stretched over and above what they should be during births that are difficult. It can result in nerve injury to the brachialplexus, which is a network of primary nerves that runs from the baby's head down to his hand and arm.

It could be caused by midwives or doctors pushing too hard on the head during a labor or when a child is in the forward position. It could also happen when medical professionals use forceps or a vacuum extractor and applies excessive pressure, stretching the neck of the newborn. Families may be able to recover compensation for the cost of treatment by filing Erb's Palsy claims. A majority of these cases are settled out of court to avoid lengthy trial procedures.

How do I File an Erb's Palsy Claim?

If your child was diagnosed with Erb's palsy, you may be entitled to compensation from the medical professionals who were involved in their child's birth. You can file a legal claim to pay for your child’s medical care, therapy equipment, adaptive equipment, and even future education.

erb's palsy law firms spalsy occurs when tendons or nerves of your child's shoulders are stretched or damaged during labor or delivery. This injury can be caused by a number reasons, including a long, complicated labor or induction, a larger or breech infant, or complications following an earlier birth.

When you file an Erb's palsy lawsuit and your legal team will collect evidence from medical records and other sources to back your claim. Then, they'll try 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 reached, your case will be brought to trial. The jury will listen to both sides and decide whether they were responsible for the harm to your child.

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

You can get compensation that will alter your life, irrespective of the fact that your child's brachial plexus was disabled due to an Erb's Palsy injury or another birth injury. Your lawyer will hold health professionals responsible for their negligence in causing the injury to your child.

Doctors and nurses must maintain a high level of care when delivering babies. If they fail to adhere to this they could cause injuries. If your child suffered an Erb's palsy injury, it could have been prevented.

An experienced lawyer can conduct a thorough examination and find evidence of negligence. They can also negotiate with the at-fault party's attorneys to avoid a trial and obtain compensation as quickly as possible. Getting compensation can help cover the costs of your child's rehabilitation, medical care as well as the essential adaptive equipment and therapy costs. Compensation can also cover lost wages if you or another family member has to miss to care for your child. The statute of limitations or the deadline for filing an action, is different for each state.

How do I choose an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to know the medical issues involved in these cases and the tenacity to fight the insurance companies who deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and are able to provide a thorough review of the case for families who suspect that their child suffered a preventable birth injury.

Erb's Palsy is a traumatic injury to the brachial plexus that affects the shoulders and upper arms. Most often, it is caused by a trauma during birth, and can lead to weakness or paralysis in one arm. Most infants with this condition struggle to lift their body weight or 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 must use force to help them out and strain or harm the nerves of the neck of the child. This kind of birth trauma is referred to as shoulder dystocia, and is the most common cause of Erb's palsy. It is the most common cause of permanent paralysis in newborns.

How Do Erb's Palsy Lawyers Help Me?

There are laws in place that are known as statutes of limitations, that restrict how long families can take legal action after a medical mishap causes an injury like Erb's palsy. However lawyers can help you file an Erb's palsy lawsuit even after this window is over. Your attorney will work with your family to determine if the injury of your child was the result of medical malpractice. They will hire medical professionals to examine your child's medical records and offer their opinions. This is known as establishing the relevant standards of care for your case.

Erb's palsy is a form of brachial plexus palsy. It affects your child's movements and sensory responses. The cause is an injury to the nerves within the brachial area during birth. It is usually caused by medical staff applying excessive force to deliver the baby in cases of shoulder dystocia which can compress, stretch, or tear the neck nerves.

Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They also may need to get adaptive equipment for their home. Compensation awarded by a court could help your family cover these costs.