How to File an Erb's Palsy Claim
Medical malpractice is when doctors fail to meet their duties of care that results in injury or worsening of an existing condition. Erb's palsy cases are no different.
Families can receive compensation for an injury to the brachial nerve which could have been prevented. It also can provide peace for the family.
What is an Erb's Palsy Claim?
Erb's palsy is a birth defect that can cause young people to develop weakening in one or both arms. The condition can also affect how they move around, use their fingers and hold objects with their hands. Often, a young person will require physiotherapy or other surgical procedures to improve their mobility.
The condition can occur when an infant's neck and shoulders are strained over what they ought to be in difficult births. It can cause nerve injury to the brachialplexus, the primary nerve network that extends from the infant's head to his arm and hand.
This happens when doctors or
erb's midwives push too hard on the baby's head during delivery and especially when the child is in the breech position. It can also occur when a medical professional uses forceps or a vacuum extractor, and applies too much pressure, stretching the neck of the newborn. Erb's palsy claims can help families get compensation to cover the cost of treatment. A majority of these cases settle out of court to avoid long trial processes.
How do I File an Erb's Palsy Claim?
If your child has been diagnosed with Erb's palsy, you could be entitled to compensation from the medical professionals involved in their birth. A legal claim could help you pay for your child's medical treatment as well as any adaptive equipment needed for therapy, and a future education.
Erb's syndrome is caused by the nerves and tendons of your child's shoulder become stretched or damaged during labor or delivery. The injury could be caused by a number factors, including lengthy, complex labor or induction, a large or breech baby or
Erb's complications after a previous birth.
When you file an Erb's palsy lawsuit the legal team will gather evidence from medical records as well as other sources to support your claim. They will then try to negotiate a settlement 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 hear both sides' arguments before deciding who was responsible for your child's injury.
What is the Statute of Limitations in Erb's Palsy Cases?
If your child's brachial nerve was paralyzed as a result of an Erb's syndrome injury or another birth injury, you can claim legal recourse and life-changing compensation. Your lawyer can seek to pursue the medical professionals responsible for your child's injuries to be held accountable for their medical negligence.
Doctors and nurses are bound by a duty to adhere to the highest standards of medical care during delivery. They could cause injuries if they fail to do so. If your child has suffered an Erb's palsy injury it could have been avoided.
An experienced lawyer can conduct an extensive investigation and uncover evidence of negligence. They can also directly negotiate with the lawyers of the party responsible to avoid a trial and receive compensation as quickly as they can. Getting compensation can help cover the cost of your child's medical treatment, rehabilitation and equipment for adaptive use, and therapy expenses. Compensation can also compensate for lost earnings if you or one of your family members had to take time away from work to take care of your children. The statute of limitations or deadline for filing a lawsuit, varies by state.
How do I Select an Erb's Palsy Lawyer?
A successful Erb's Palsy claim requires a lawyer with the legal expertise to be aware of the medical issues that arise in these cases and determination to take on insurance companies that deny victims compensation they are entitled to. Our Brooklyn
Erb's Palsy lawyers possess both of these qualities and are able to provide a thorough review of the case for families who suspect their child suffered a birth injury that could have been prevented.
Erb's Palsy is a kind of brachial plexus injury which affects the upper arms and shoulders. It is typically resulted from trauma during delivery and can cause weakness or even paralysis of one arm. Most infants with this condition struggle to lift their body weight or even crawling.
This type of birth injury usually occurs during breech or difficult births. If a baby is stuck in the birthing canal doctors have to apply force to push it out. This can harm or stretch the nerves in the neck of the baby. This kind of birth trauma is known as shoulder dystocia and is the leading cause of Erb's palsy. It is also the most common cause of permanent paralysis in newborns.
How can Erb's Palsy Lawyers Help Me?
There are laws in place, called statutes of limitations which limit the length of time families can take legal action after a medical mishap causes an injury like Erb's palsy. However lawyers can help you file an Erb's palsy lawsuit even if this time frame is over. Your attorney will work with your family to determine if the injury suffered by your child was due to medical malpractice. They will employ medical professionals who will look over the records of your child and provide their opinion. This is called establishing the standards of care that applies to your situation.
Erb's palsy is a type of brachial palsy that affects the movement and sensory response in your child's arm. This condition is caused by the brachialplexus' nerves are injured during the birth. In cases of shoulder dystocia it is usually caused by the medical team applying excessive pressure to deliver the baby. This may compress or stretch the neck nerves.
Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They might also have to get adaptive equipment for their home. The compensation a judge awards can help your family pay for these costs.