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How to File an Erb's Palsy Claim

Medical malpractice is when doctors fail to perform their duty of care and cause injuries or the worsening of an existing condition. Erb's cases aren't any different.

Families can be compensated for the injury to the brachial area which could have been prevented. It also can provide closure for 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 the way they walk, use their hands and hold objects with their hands. A young person may need to undergo physiotherapy or surgical procedures in order to improve their mobility.

The condition is caused when an infant's shoulders and neck are straining over and above what they should be in difficult births. It can result in nerve damage to the brachial nerve which is a system of five nerves that extend from the neck of the baby down to the hand and arm controlling movement and sensation.

It can be caused by midwives or doctors pushing too hard on the head during a birth, especially when a child is in an breech 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 can seek 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 proceedings.

How do I File an Erb's Claim?

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

Erb's palsy occurs when the nerves and tendons of the shoulder of your child become stretched or damaged during the birth or during labor. This injury can be caused by a number reasons, including a prolonged, complicated labor or an induction, a large or breech baby or complications after an earlier birth.

If you file an Erb's Palsy lawsuit and your legal team will collect evidence from medical records and other sources to support your claim. Then, they'll attempt to reach an agreement with the defendants. Both sides will receive an agreement, and the case will be closed. If a settlement isn't feasible your case will go to trial. The jury will listen to both sides and decide if they were at fault for the harm to your child.

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

You could receive compensation that can change your life, regardless of whether your child's brachial-plexus is affected by an injury to the Erb's palsy or another birth injury. Your lawyer can hold health care professionals accountable for Erb's their negligence in causing your child's injury.

Nurses and doctors have an obligation to observe the highest standards of care during the delivery. They can cause injuries if they fail to do so. If your child sustained an Erb's palsy injury, it could have been prevented.

An experienced lawyer can conduct a thorough investigation and discover evidence of negligence. They can also work directly with the attorneys of the party who is at fault to avoid a court trial and obtain compensation as quickly as they can. Compensation can be used to cover the cost of your child's therapy, medical care and adaptive equipment as well as rehabilitation. Compensation may also cover lost wages if a family member has had to take time off work to take care of your child. The time limit or the deadline to file lawsuits, is different for each state.

How do I Select an Erb's Palsy Lawyer?

A successful Erb's Palsy claim requires an attorney who has the legal knowledge to be aware of the medical issues involved in these cases, as well as the determination to take on insurance companies that deny victims compensation they deserve. Our Brooklyn Erb's Palsy attorneys possess both of these attributes, and will provide a thorough overview of the case for parents who suspect their child may have suffered a preventable birth injury.

Erb's palsy is a form of brachial plexus injury which affects the upper arms as well as shoulders. It is typically caused by a trauma during childbirth and can cause weakness or paralysis in one arm. Many infants suffering from this condition struggle to lift their weight or even crawling.

This kind of birth injury is usually experienced when breech or Erb's difficult deliveries. When a baby gets stuck in the birthing canal doctors have to make use of force to pull it out. This could cause damage or stretch the nerves in the child's neck. 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 among newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws in force known as statutes of limitations which limit the length of time families are able to pursue legal action following a medical mistake that causes an injury like Erb's palsy. An attorney can help you file a lawsuit against Erb's Palsy even if the statute of limitations has expired. Your attorney will work with your family members to determine if the injury suffered by your child was the result of medical malpractice. They will hire medical professionals to examine the medical records of your child and give their opinion. This is called setting the standard of care that applies to your particular situation.

Erb's palsy is a form of brachial plexus ailment that affects the sensory and movement in your child's arm. This condition is caused by the brachialplexus' nerves are injured during the birth. When shoulder dystocia occurs, it is typically caused by the medical team using excessive pressure when delivering the baby. This may cause compression and stretch, or even tear neck nerves.

Children suffering from Erb's palsy need ongoing rehabilitation and physiotherapy. They may also need to acquire adaptive equipment for their homes. The compensation awarded by court can help you and your family cover the costs.