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How to File an Erb's Palsy Claim

Medical malpractice is when doctors do not fulfill their duties of care and cause injury or worsening an existing condition. Erb's cases aren't any different.

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

What is Erb's palsy claim?

Erb's Palsy can cause children to lose strength in their arms. The condition can also affect how they move, use their fingers and hold objects with their hands. Often, a young person may require physical therapy and other surgical procedures to improve their mobility.

The condition is caused when the shoulders and neck are stretched beyond what they are supposed to be during births that are difficult. It could result in nerve damage to the brachial nerve which is a network comprised of five nerves which connect the baby's neck down to the hand and arm that control movement and feel.

This can happen when doctors or midwives are too firm on the child's head during birth and especially when the child is in the breech position. It can also happen when a medical professional applies excessive force with forceps or vacuum extractors, stretching the neck of the newborn. Families can recover compensation for the cost of treatment by filing Erb's palsy claims. Most of these cases are settled out of court, thus avoiding lengthy trial proceedings.

How do I file an Erb's Palsy claim?

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

Erb's spalsy occurs when tendons or nerves of your child's shoulders are stretched or damaged during delivery or labor. This injury can be caused by a variety of factors, such as a lengthy, complex labor or an induction, a large or breech baby, or complications following the birth of a previous baby.

When you file an Erb's Palsy lawsuit and have your legal team collect evidence from medical records and other sources to support your claim. Then, they'll attempt to reach an agreement with the defendants. In a settlement, both sides will be paid a sum and the case will come to an end. If a settlement cannot be reached, your case could go to trial. The jury will consider both sides and determine whether they were the ones responsible for the injury suffered by your child.

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

You can get an amount of money that can transform your life, regardless of the fact that your child's brachial plexus was affected by an injury caused by Erb's or any other type of birth injury. Your lawyer will hold medical professionals accountable for their negligence in causing your child's injury.

Nurses and doctors are required to ensure the highest standards of care when they deliver babies. If they fail to do so they could inflict injuries. If your child has suffered an Erb's palsy injury, it could have been prevented.

A skilled lawyer can conduct a thorough examination and find evidence of the negligence. They can also negotiate with the responsible party's lawyers to avoid a trial and obtain the maximum amount of compensation as quickly as is possible. Compensation can cover the cost of your child's therapy, medical treatment and adaptive equipment as well as rehabilitation. Compensation can also be used to pay for lost wages if you or another family member has had to leave work to take care of your child. The time-limit, or deadline for filing lawsuits, is different for each state.

How Do I Choose an Erb's Palsy Lawyer?

To win an Erb's Palsy case, you'll need a lawyer who has the legal expertise and tenacity required to battle insurance companies that refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these attributes and can provide a thorough review of the case for families who suspect that their child has suffered a birth injury that could have been prevented.

Erb's palsy is a form of brachial plexus injury which affects the upper arms and shoulders. Most often, it's result of a trauma that occurs during birth, and can lead to weakness or paralysis in one arm. Many infants who suffer from the condition have trouble crawling or lifting their weight.

This kind of birth injury typically occurs during difficult or breech deliveries. If a baby is trapped in the birth canal medical professionals have to exert force to free them and stretch or damage nerves in the neck of the child. This type of birth trauma, also known as shoulder dystocia, is the most common cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis among newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws, referred to as statutes that restrict the time families can file a lawsuit after an medical error can cause an injury like Erb's palsy. However lawyers can help you file an Erb's Palsy lawsuit even after this window has closed. Your lawyer will work with your family to determine if the injury suffered by your child was the result of medical malpractice. They will seek out medical experts who will evaluate the medical records of your child and offer their opinion. This is known as establishing the applicable standard of care in your case.

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

Children suffering from erb's palsy attorneys palsy require ongoing rehabilitation and physiotherapy. They also may need to obtain adaptive equipment for their homes. The compensation awarded by court can aid you and your family pay for these costs.