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How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor fails in their duty of care to you, leading to injury or an existing condition becoming worse. Erb's palsy cases are no different.

Families can be compensated for an injury to the brachial nerve which could have been prevented. It also can bring an emotional sense of closure to the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth injury that can leave young people with weakness in either or both arms. The condition can also affect the way they move, use their fingers and hold objects in their hands. In most cases, a young person will need to undergo physiotherapy and have other surgical procedures to improve their mobility.

The condition is caused when an infant's shoulders and neck are straining over and above what they should be during births that are difficult. It could cause nerve damage to the brachial area which is a network of five primary nerves that are located from the neck of the infant down to the arm and hand which control movement and sensation.

This happens when doctors or midwives apply too much pressure to the child's head during birth and especially when the child is in the breech position. It could also occur when a medical professional uses too much force using forceps or vacuum extractors, pulling the neck of the newborn. Families can seek compensation for the expense of treatment by filing Erb's Palsy claims. Most of these cases are settled out of court, which avoids lengthy trial proceedings.

How Do I File an Erb's Palsy Claim?

If your child has been diagnosed with Erb's palsy, you may be eligible for compensation from the medical professionals involved in their birth. You can make a legal claim to pay for your child's medical treatment as well as therapy equipment, adaptive equipment, and even future education.

Erb's Palsy occurs when the tendons or nerves of your child's shoulders are damaged or stretched during delivery or labor. The injury could result from a variety of factors, such as a long, complicated labor or induction, a baby who is too large or breech, or complications following a previous birth.

If you file an Erb's palsy lawsuit and have your legal team collect evidence from medical records and other sources to support your claim. They will then try to negotiate a settlement with the defendants. Both sides will receive an agreement, and the case will be closed. If a settlement is not reached, the case may go to trial. The jury will consider both sides' arguments and decide who was at fault for your child's injury.

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

You could be awarded compensation that will alter your life, regardless of whether your child's brachial-plexus is paralysed due to an Erb's Palsy injury or any other type of birth injury. Your lawyer will hold health professionals responsible for their negligence in causing your child's injury.

Doctors and nurses are bound by a duty to adhere to an extremely high standard of care during the birth. If they do not adhere to this they could inflict injuries. If your child has suffered an Erb's palsy injury, it could have been prevented.

An experienced lawyer can conduct a thorough investigation and find evidence of the negligence. They may also be able to negotiate directly with the attorneys of the party responsible to avoid a trial and get compensation as fast as they can. In the event of a settlement, it can help cover the cost of your child's medical and rehabilitation and equipment for adaptive use, and therapy expenses. Compensation can also be used to pay for lost wages if you or another family member has had to leave to care for your child. The time period for filing a lawsuit, or deadline for filing lawsuits, 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 aspects involved in these cases, as well as the determination to challenge insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these skills and can provide a thorough case review for families who suspect their child has suffered a birth injury that could have been prevented.

Erb's Palsy refers to an injury to the brachial nerve that affects the shoulders and upper arms. It is most often caused by trauma during delivery and can lead to weakness or even paralysis of one arm. Many infants suffering from this condition have difficulty lifting their body weight or crawling.

This type of birth injury is seen most often during breech or difficult delivery. When a baby gets stuck in the birthing canal doctors have to employ force to get it out. This can harm or stretch the nerves in 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 also the most frequent cause of permanent paralysis in newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws in place called statutes of limitation which limit the time families can take legal action when a medical error results in 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 closely with your family to determine whether your child's injury is caused by negligence in the medical field. They will employ medical professionals to look over your child's medical records and provide their opinion. This is referred to as establishing the applicable standard of care in your situation.

Erb's Syndrome is one form of brachial plexus palsy. It affects your child's movement and sensory responses. The condition occurs when the brachialplexus's nerves are injured during the birth. It is usually caused by medical staff applying excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch, or tear the neck nerves.

Children with Erb's palsy require continuous rehabilitation and physiotherapy. They may also need to obtain adaptive equipment for their homes. The compensation granted by the court can help your family and you to pay these expenses.