How to File an Erb's Palsy Claim
Medical malpractice is when doctors fail to perform their duties of care which results in injury or worsening an existing condition. Erb's palsy cases aren't different.
Families may be able to receive compensation for the injury to the brachial area that was preventable. It could also provide an emotional sense of closure to the entire family.
What is Erb's palsy claim?
Erb's palsy is a birth defect that can leave young people with weakening in one or both arms. The condition can also affect the way they walk, use their hands and hold objects in their hands. A young person may need to undergo physiotherapy or surgical procedures to improve their mobility.
The condition is caused when the neck and shoulders are strained over and above what they should be during difficult births. It could cause nerve damage to the brachial area the brachial plexus, a network of five nerves that connect the baby's neck down to the hand and arm that control movement and feel.
It can be caused by midwives or doctors pulling too hard on the head during a delivery and especially when the child is in an Breech position. It can also occur when medical professionals use forceps or a vacuum extractor and applies excessive pressure, which causes stretching of the neck of the newborn. Families can get compensation for the costs of treatment by filing Erb's-Palsy claims. A majority of these cases are settled out of court to avoid lengthy trial procedures.
How do I file an Erb's palsy claim?
If your child has been diagnosed with Erb's Palsy, you could be entitled compensation from the medical professionals who were involved in their child's birth. A legal claim can help you pay for your child's medical care, necessary adaptive equipment, therapy, and education in the future.
Erb's syndrome is caused by the tendons and nerves in the shoulder of your child are stretched or damaged during labor or delivery. This injury can be caused by several reasons, including a lengthy, complex labor or an induction, a large or breech baby or complications after a previous birth.
If you file an Erb's-Palsy lawsuit and your legal team will collect evidence from medical records as well as other sources to support your claim. Then, they'll try to negotiate a settlement with the defendants. In the event of a settlement, both parties will receive a cash settlement and the case will end. If a settlement isn't feasible your case will go to trial. The jury will listen to both sides and decide whether they were the ones responsible for the harm suffered by your child.
What is the Statute of Limitations for 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 receive legal justice and life-changing compensation. Your lawyer can sue the health care professionals responsible for your child's injuries to hold them accountable for their medical negligence.
Doctors and nurses are required to ensure the highest standards of care when giving birth to babies. If they fail to do so they could cause injuries. If your child sustained an injury from Erb's Palsy, it could have been prevented.
A skilled lawyer can conduct a thorough investigation in order to find evidence of negligence. They can also work directly with the lawyers of the person responsible to avoid a court trial and seek the compensation they can. In the event of a settlement, it can help cover the cost of your child's medical treatment, rehabilitation as well as the essential adaptive equipment and therapy expenses. Compensation can also cover lost wages if you or someone in your family needed to take time off from work to care for your children. The time limit or the deadline to file a lawsuit, is different per state.
How do erb's palsy law firm davie 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 necessary to fight insurance companies who refuse to pay the victims the compensation 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 that their child may have suffered a preventable birth injury.
Erb's spalsy is one of the types of brachial plexus injury which affects the upper arms and shoulders. Most often, it is caused by a trauma in birth and can result in weakness or paralysis in one arm. The majority of infants suffering from this condition have difficulty lifting their weight or even crawling.
This kind of birth injury typically occurs when breech or difficult deliveries. If a baby is stuck in the birth canal doctors have to apply force to push it out. This can damage or stretch the nerves of the neck of the baby. This kind of birth trauma, also known as shoulder dystocia, is the primary cause of Erb's Palsy. It is the most prevalent cause of permanent paralysis for newborns.
How Can Erb's Palsy Lawyers Help Me?
There are laws in place known as statutes of limitations which limit the time families are allowed to file legal actions after a medical error causes an injury, such as Erb's paralysis. An attorney can help you file a lawsuit against Erb's Palsy, even if the statute of limitations has run out. Your lawyer will work with your family to determine if your child's injury was the result of medical negligence. They will hire medical professionals to look over the medical records of your child and give their opinion. This is called setting the standard of care that is applicable to your particular situation.
Erb's palsy is a type of brachial plexus syndrome that affects the movement and sensory responses in your child's arm. This condition is caused by an injury to the nerves of the brachial plexus at birth. It is often due to medical staff using excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch or tear neck nerves.
Children with Erb's syndrome require ongoing rehabilitation and physical therapy. Also, they may need adaptive equipment for their homes. The compensation granted by the court can help you and your family cover these costs.