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How to File an Erb's Palsy Claim

Medical malpractice is when doctors fail to meet their duties of care which results in injuries or the worsening of an existing condition. Erb's Palsy cases aren't any different.

Families can receive compensation for an injury to the brachial plexus which could have been prevented. It can also provide an emotional sense of closure to the family.

What is Erb's Palsy Claim?

Erb's palsy is a birth injury that can cause young people to develop weakness in one or both arms. The condition can also affect how they walk, hold objects in their hands and move their fingers. Most often, a child will require 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 in difficult births. It can result in nerve damage to the brachial area the brachial plexus, a network of five primary nerves that extend from the neck of the baby down to the hand and arm controlling movement and sensation.

It can be caused by doctors or midwives pushing too hard on the head during a birth, especially when a child is in the breech position. It can also happen when a medical professional applies excessive force using vacuum extractors or forceps, stretching the neck of a newborn. Families can seek compensation for the cost of treatment by filing Erb's Psy claims. The majority of these cases are settled out of court, thus avoiding long trial processes.

How do I File an Erb's Palsy Claim?

You could be entitled to compensation in the event that your child was diagnosed with Erb's Palsy by the medical professionals involved in their birth. A legal claim can assist you in paying for your child's medical care as well as any adaptive equipment needed for therapy, and future education.

Erb's Palsy happens when the tendons or nerves of your child's shoulders are damaged or stretched during labor or delivery. The cause of this injury can be many factors, including a long or complicated labor, an birth-induced labor, a larger baby, breech presentation or complications from a previous birth.

When you file an Erb's-Palsy lawsuit, your legal team will collect evidence from medical records as well as other sources to support your claim. They will then attempt to reach a settlement with the defendants in the case. Both sides will receive a settlement, and the case will be closed. If a settlement is not reached, your case will be heard in court. The jury will consider both sides' arguments and decide the person responsible for the child's injuries.

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

If your child's brachial-plexus was paralysed as the result of an Erb's palsy injury or another type of birth injury, it is possible to claim legal recourse and life-changing compensation. Your lawyer can hold the medical professionals accountable for their negligence in causing your child's injury.

Nurses and doctors have obligations to uphold an extremely high standard of care during the delivery. They can cause injuries if they fail to do so. If your child has suffered an Erb's palsy injury the injury could have been avoided.

A skilled lawyer can conduct an extensive investigation to find evidence of negligence. They can also work with the at-fault person's lawyers to avoid a trial and receive the compensation as quickly as they can. Compensation may cover the cost of your child's medical treatment, therapy as well as adaptive equipment and rehabilitation. Compensation may also help cover the loss of wages if your family member was forced to take time off from work to take care of your children. The statute of limitations or the deadline for filing lawsuits, varies by state.

How do I choose an Erb's Palsy lawyer?

To win an Erb's Palsy case, you require an attorney with the legal expertise and tenacity required to take on insurance companies who refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can provide a thorough case review for families who suspect their child suffered a preventable birth injury.

Erb's palsy is a form of brachial-plexus injury that affects the upper arms and shoulders. Most often, it's caused by trauma during childbirth and can cause weakness or paralysis in one arm. Most infants with this condition struggle to lift their weight or crawling.

This type of birth injury typically occurs during difficult or breech deliveries. If a baby becomes stuck in the birth canal medical professionals need to apply force to help them out and stretch or damage nerves in the neck of the child. This kind of birth trauma, also known as shoulder dystocia, is the most common 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 a family can file a lawsuit when a medical mistake results in an injury, such as Erb's palsy. A lawyer can assist you file a lawsuit for Erb's palsy even after the statute of limitations has run out. Your lawyer will work with your family members to determine if the injury suffered by your child was caused by medical negligence. They will recruit medical experts to look over the medical records of your child and offer their opinions. This is referred to as establishing the relevant standards of care for your situation.

Erb's palsy is a type of brachial plexus palsy that affects the movement and sensory responses in your child's arm. The cause is an injury to the nerves in the brachial plexus during the birth. It is most often caused by medical staff applying excessive force to deliver the baby in cases of shoulder dystocia which can cause compression, stretch or tear nerves in the neck.

Children suffering from erb's palsy lawsuits palsy need regular rehabilitation and physical therapy. They might also have to acquire adaptive equipment for their home. The compensation awarded by court could assist you and your family pay for these costs.