How to File an Erb's Palsy Claim

Medical malpractice occurs when a doctor fails in their duty of care for you, leading to injury or an existing condition getting worse. Erb's palsy cases aren't different.

Filing a successful claim can be a way to compensate families for their child's recurrable brachial plexus injury. It can also provide a sense of closure for the family.

What is an Erb's palsy Claim?

Erb's Palsy can cause young people to lose strength in their arms. The condition can also affect how they move, use their fingers and hold objects with their hands. In most cases, a young person will need to undergo physical therapy as well as undergo other surgical procedures to improve their mobility.

The condition occurs when the shoulders and neck are straining beyond what they should be in difficult births. It could cause nerve damage to the brachial plexus the brachial plexus, a network comprised of five nerves which are located from the neck of the infant down to the arm and hand Vimeo controlling movement and sensation.

It can be caused by midwives or doctors pulling too hard on the head during a birth and especially when the child is in the in a 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. Erb's palsy claims can help families get compensation to cover the costs of treatment. Many of these cases settle outside of court, avoiding lengthy trial proceedings.

How do I file an Erb's palsy claim?

You may be entitled to compensation when your child was diagnosed with Erb’s palsy by the medical professionals involved in their birth. You can make a claim to cover your child's medical care as well as adaptive equipment, therapy and even future education.

Erb's Palsy occurs when the muscles or nerves in your child's shoulders are damaged or stretched during delivery or labor. This injury can result from several reasons, such as a lengthy or complex labor, an birth-induced labor, a larger baby, a breech appearance, or complications from a previous birth.

Your legal team will seek evidence from medical records and other sources, to prove your claim when you bring a lawsuit against Erb's Palsy. They will then attempt to reach a deal with the defendants in the case. Both sides will receive a settlement and the case will be closed. If a settlement is not feasible your case will go to trial. The jury will listen to both sides and Vimeo decide whether they are at fault for the harm suffered by your child.

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

If your child's plexus brachial was paralysed as the result of an Erb's injury or another type of birth injury, you are able to get legal justice and life-changing compensation. Your lawyer can sue the health care professionals responsible for the child's injury and ensure that they are held accountable for their medical negligence.

Doctors and nurses have a duty to adhere to a high standard of care during the process of giving birth. They could cause injuries if they don't. If your child sustained an Erb's palsy injury the injury could have been avoided.

An experienced lawyer will be able to conduct a thorough investigation in order to discover evidence of negligence. They can also negotiate directly with the attorneys of the party who is at fault to avoid a court trial and seek the compensation they can. Compensation can cover the costs of your child's medical treatment, therapy, adaptive equipment and rehabilitation. Compensation may also help cover the loss of wages, if you or one of your family members had to take time away from work to take care of your children. The time-limit or the deadline to file a lawsuit, is different per state.

How do I select an Erb's Palsy lawyer?

To win an Erb's Palsy case, you'll need an attorney with the legal knowledge and perseverance necessary to challenge insurance companies who refuse to pay victims the money they are entitled to. Our Brooklyn Erb’s Palsy attorneys possess both of these qualities, and can provide a thorough analysis of the case for families who suspect their child has suffered an avoidable birth injury.

Erb's palsy is a type of brachial plexus injuries that affects the upper arms and shoulders. Most often, it's caused by trauma during birth and Vimeo can result in weakness or paralysis in one arm. The majority of infants suffering from the condition have trouble crawling or lifting their weight.

This kind of birth injury usually occurs in breech births that are difficult or painful. If a baby becomes stuck in the birth canal, doctors have to employ force to get it out. This can cause damage or strain the nerves of the neck of the baby. This type of birth trauma, also known as shoulder dystocia, is the main cause of Erb's syndrome. It is also the most common cause of permanent paralysis in newborns.

How can Erb's Palsy Lawyers help me?

There are laws, known as statutes that restrict the time a family is allowed to file a lawsuit if an error in medical care results in injury, like Erb's palsy. A lawyer can still assist you file a lawsuit against Erb's Palsy even if the time limit has passed. Your lawyer will work with your family members to determine if your child's injury was the result of medical malpractice. They will engage medical professionals who will review the medical records of your child and offer their opinion. This is known as establishing the standards of care applicable to your situation.

grafton erb's palsy lawsuit Palsy is a type of brachial-plexus aplasia. It affects your child's movement and sensory responses. This is caused when the brachialplexus' nerves are injured during birth. When shoulder dystocia occurs, it is usually caused by medical staff using excessive pressure when delivering the baby. This can compress and stretch or tear the neck nerves.

Children suffering from Erb's palsy require continuous rehabilitation and physiotherapy. They also may require adaptive equipment for their homes. The compensation awarded by court could assist you and your family pay for these costs.