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How to File an Erb's Palsy Claim

Medical negligence occurs when a physician fails in their duty of taking care of you, leading to injury or an existing health condition that is getting worse. The cases involving Erb's palsy are no different.

Families can receive compensation for a brachial plexus injury that could have been avoided. It also can provide closure for the entire family.

What is an 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 how they walk, hold objects in their hand and use their fingers. A young person will require physical therapy as well as undergo other surgical procedures to improve their mobility.

The condition can occur when an infant's shoulders and neck are strained beyond what they are supposed to be in difficult births. It can result in nerve damage to the brachial nerve the brachial plexus, a network comprised of five nerves which extend from the neck of the baby down to the arm and hand, managing movement and feeling.

This can happen when doctors or midwives apply too much pressure to a child's head during delivery and especially when the child is in the breech position. It can also occur when medical professionals use forceps or a vacuum extractor, and applies too much pressure, causing stretching of the newborn's neck. Families can recover compensation for the expense of treatment by filing Erb's Psy claims. A majority of these cases settle out of court to avoid lengthy trial proceedings.

How do I file an Erb's palsy claim?

If your child has been diagnosed with Erb's syndrome, you could be entitled to compensation from the medical professionals who were involved in their birth. You can make a legal claim to pay for your child's medical care or adaptive equipment, therapy and even future education.

Erb's Palsy happens when the muscles or nerves in your child's shoulders are stretched or damaged during delivery or labor. This injury can result from several factors, including a long or complicated labor, birth-induced labor, a larger baby, breech presentation or complications from a previous birth.

When you file an Erb's-Palsy lawsuit the legal team will collect evidence from medical records and other sources to prove your claim. They will then try to negotiate a settlement agreement with the defendants in the case. In the event of a settlement, both sides will receive a payout and the case will come to an end. If a settlement is not feasible your case will be sent to trial. The jury will hear both sides' arguments before deciding who was at fault for the injury your child sustained.

What is the Statute of Limitations for Erb's Palsy Cases

You could receive compensation that will alter your life, no matter the fact that your child's brachial plexus was affected by an injury from Erb's Palsy or another birth injury. Your lawyer can pursue the health professionals who caused your child's injury to be held accountable for their medical negligence.

Nurses and doctors must maintain the highest standards of care when giving birth to babies. If they do not adhere to this, they can cause injuries. It is possible to prevent Erb's syndrome in your child.

An experienced lawyer will be able to conduct an exhaustive investigation to identify evidence of negligence. They can also negotiate directly with the attorneys of the party who is at fault to avoid a court trial and obtain the compensation they can. In the event of a settlement, it can help cover the costs of your child's medical and rehabilitation and equipment for adaptive use, and therapy expenses. Compensation may also cover lost wages if you or a family member had to work to take care of your child. The statute of limitations or deadline to file lawsuits, varies by state.

How do I choose an Erb's Palsy lawyer?

To be successful in an Erb's Palsy case, you need an attorney with the legal knowledge and perseverance necessary to challenge insurance companies that refuse to pay the victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these attributes and can provide a thorough case evaluation for families who suspect their child may have suffered a birth injury that could have been prevented.

Erb's palsy is a type of brachial plexus injury which affects the upper arms and shoulders. Most often, it is caused by a trauma during birth and can result in weakness or paralysis in one arm. Most infants with the condition struggle to crawl or lift their weight.

This kind of birth injury typically occurs in breech births that are difficult or painful. When a baby gets stuck in the birth canal doctors have to use force to get it out. This can harm or strain the nerves of the neck of the child. This kind of birth trauma is known as shoulder dystocia, and is the main cause of the Erb's condition. It is also the most common cause of permanent paralysis among newborns.

What can Erb's Palsy Lawyers Help Me?

There are laws in place, called statutes of limitations which limit how long families are allowed to file legal actions when a medical error results in an injury such as Erb's Palsy. A lawyer can still assist you file a lawsuit against Erb's palsy even after the statute of limitations has expired. Your attorney will work closely with your family to determine if your child's injuries are due to medical negligence. They will recruit medical experts to review the medical records of your child and give their opinion. This is known as establishing the appropriate standard of care for your situation.

Erb's Syndrome is one form of brachial plexus palsy. It affects your child's movements and sensory responses. This condition is caused when the brachialplexus's nerves are injured during birth. It is typically caused by medical staff using excessive force to deliver the baby in cases of shoulder dystocia, which can result in compression, stretching or tear the nerves in the neck.

Children with erb's palsy lawsuit syndrome require regular rehabilitation and physical therapy. They might also have to get adaptive equipment for their home. Compensation granted by a court could help your family to pay for these expenses.