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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 health condition that is getting worse. Erb's palsy cases aren't different.

Families can seek compensation for an injury to the brachial nerve which could have been prevented. It could also provide feelings of closure for the entire family.

What is an Erb's Palsy Claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also alter how they move, hold objects with their hand and use their fingers. Most often, a child will need to undergo physical therapy as well as undergo 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 in difficult births. It could result in nerve damage to the brachial plexus, a network of five nerves that run from the baby's neck down to the hand and arm, managing movement and feeling.

This can happen when midwives or doctors are too firm on the head of a newborn during birth and especially when the child is in the breech position. It could also occur when a medical professional uses excessive force using vacuum extractors or forceps stretching the neck of a newborn. Erb's claims for palsy can help families get compensation to cover the cost of treatment. A majority of these cases are settled out of court to avoid lengthy trial proceedings.

How do I file an Erb's Palsy claim?

You may be entitled to compensation in the event that your child was diagnosed with the condition Erb's palsy by medical experts involved in their birth. You can make a claim to pay for the medical treatment of your child, adaptive equipment, therapy and education in the future.

Erb's palsy is a condition that occurs when the tendons or nerves of your child's shoulders are stretched or damaged during labor or delivery. This injury can result from several reasons, such as a lengthy or complicated labor, an inducing labor, a large baby, a breech appearance, or complications from an earlier birth.

Your legal team will collect 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 negotiate a settlement agreement with the defendants in the case. In an agreement, both sides will receive a payout and the case will end. If a settlement cannot be reached, your case could go to trial. The jury will consider both sides' arguments and then decide who is responsible for the child's injuries.

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

Whether your child's brachial plexus was paralyzed as a result of an Erb's Palsy injury or another birth injury, you are able to obtain legal justice and life-changing compensation. Your lawyer can hold health care professionals accountable for their negligence in causing the injury to your child.

Nurses and doctors are required to adhere to a duty to adhere to an extremely high standard of care during the process of giving birth. They could cause injuries if they don't. It is possible to stop Erb's syndrome in your child.

An experienced lawyer can conduct a thorough investigation and uncover evidence of negligence. They can also work with the at-fault person's lawyers to avoid a trial and obtain the maximum amount of compensation as quickly as is possible. Compensation can be used to cover the cost of your child's medical therapy, therapy, adaptive equipment and rehabilitation. Compensation can also 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 the time limit for filing lawsuits, is different for each state.

How do I choose an Erb's Palsy lawyer?

To be successful in an Erb's Palsy case, you'll need a lawyer who has the legal knowledge and perseverance necessary to challenge insurance companies who refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb's Palsy attorneys have both of these attributes, and will provide a thorough overview of the case for families who suspect their child may have suffered a preventable birth injury.

Erb's Palsy is an injury to the brachial plexus that affects the shoulders and upper arms. Most often, it's result of a trauma that occurs during birth and can result in weakness or paralysis in one arm. Most infants with this condition have difficulty lifting their weight or crawling.

This kind of birth injury usually occurs 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, which can stretch or damage nerves in the neck of the child. This type of birth trauma is known as shoulder dystocia and is the main 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 force called statutes of limitation which limit how long families can pursue legal action after a medical error causes an injury like Erb's palsy. An attorney can help you file a lawsuit for Erb's palsy even after the time limit has passed. Your lawyer will work closely with your family to determine if your child's injury is due to medical negligence. They will engage medical professionals who will look over your child's records and give their opinion. This is referred to as establishing the appropriate standard of care in your case.

Erb's palsy is a form of brachial-plexus aplasia. It affects your child's movements and sensory responses. The cause is an injury to the nerves of the brachial plexus during the birth. When shoulder dystocia occurs, it is usually caused by the medical staff applying excessive pressure when delivering the baby. This may compress or stretch the neck nerves.

Children with Erb's palsy require constant rehabilitation and physiotherapy. They may also need to acquire adaptive equipment for their homes. The compensation awarded by a court will help your family cover these costs.