How to File an Erb's Palsy Claim
Medical negligence occurs when doctors do not fulfill their duties of care and cause injury or worsening of an existing condition. Erb's Palsy cases aren't any different.
Families can be compensated for an injury to the brachial plexus that could have been avoided. It can also bring peace for the family.
What is an Erb's palsy Claim?
Erb's palsy is a birth defect that can leave young people with weakness in either or both arms. The condition can also affect how they walk, use their fingers and hold objects with their hands. A young person may require physical therapy as well as undergo other surgical procedures to improve their mobility.
The condition develops when an infant's shoulders and neck are stretched beyond what they are supposed to be during difficult births. It can result in nerve injury to the brachialplexus. It is an area of primary nerves that connects the baby's head down to his arm and hand.
This happens when doctors or midwives push too hard on a child's head during delivery particularly if the child is in the breech position. It could also occur when a medical professional applies too much force using vacuum extractors or forceps, stretching the neck of the newborn. Families can get compensation for the costs of treatment by filing Erb's palsy claims. Most of these cases are settled outside of court, avoiding lengthy trial procedures.
How do I file an Erb's Palsy claim?
If your child was diagnosed with the condition Erb's palsy you could be entitled to compensation from the medical professionals who were involved in the birth of your child. You can make a legal claim to cover your child’s medical care, therapy equipment, adaptive equipment, and even future education.
Erb's syndrome is caused by the nerves and tendons of the shoulder of your child become stretched or damaged during the birth or during labor. The injury could be caused by several factors, including a lengthy, complex labor or induction, a baby who is too large or breech, or complications following a previous birth.
If you file an Erb's palsy lawsuit, your legal team will collect evidence from medical records as well as other sources to support your claim. They will then attempt to negotiate a settlement with the defendants in the case. erb's palsy attorneys league city will receive an agreement, and the case will be closed. If a settlement is not possible your case will go to trial. The jury will consider both sides' arguments and determine who was responsible for your child's injury.
What is the Statute of Limitations for Erb's Palsy Cases
Whether your child's brachial plexus was paralyzed as a result of an Erb's palsy injury or another birth injury, you are able to claim legal recourse and life-changing compensation. Your lawyer can hold health care professionals accountable for their negligence in causing the injury to your child.
Doctors and nurses are required to ensure the highest standards of care when delivering babies. They could cause injuries if they do not. If your child sustained an injury to the Erb's palsy it could have been prevented.
An experienced lawyer can conduct an extensive investigation and find evidence of the negligence. They can also work directly with the lawyers of the party responsible to avoid a trial and seek compensation as quickly as they can. The compensation you receive can help cover the cost of your child's rehabilitation, medical treatment as well as the essential adaptive equipment and therapy expenses. Compensation can also be used to pay for lost earnings if you or a family member has had to leave work to care for your child. The statute of limitations, or deadline for filing a lawsuit, is different per state.
How Do I Choose an Erb's Palsy Lawyer?
A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to know the medical aspects involved in these cases as well as the determination to take on insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can provide a thorough case review for families who suspect that their child suffered a preventable birth injury.
Erb's palsy is a type of brachial-plexus injury that affects the upper arms as well as shoulders. Most often, it is result of a trauma that occurs during birth and can result in weakness or paralysis in one arm. The majority of infants suffering from this condition have trouble lifting their body weight or crawling.
This kind of birth injury usually occurs in breech births that are difficult or painful. If a baby is trapped in the birth canal medical professionals must use the force necessary to free them, which can strain or harm the nerves of the neck of the child. This type of birth trauma is referred to as shoulder dystocia, and is the leading cause of Erb's Palsy. It is also the most frequent cause of permanent paralysis in newborns.
What can Erb's Palsy Lawyers help me?
There are laws, referred to as statutes that restrict the time families is allowed to file a lawsuit if an medical error causes an injury such as Erb's palsy. A lawyer can assist you file a lawsuit against Erb's Palsy even if the statute of limitations has run out. Your lawyer will work closely with you and your family to determine whether your child's injuries are caused by negligence in the medical field. They will recruit medical experts to review the medical records of your child and offer their opinions. This is called establishing the standard of care for your particular situation.
Erb's Palsy is a type of brachial plexus palsy. It affects your child's movement and sensory responses. The condition occurs when the brachialplexus's nerves are damaged during birth. It is often caused by medical staff using excessive force to deliver the baby in cases of shoulder dystocia which can compress, stretch, or tear the nerves in the neck.
Children with Erb's syndrome require continuous rehabilitation and physiotherapy. Also, they may need adaptive equipment for their homes. The compensation awarded by a court could help your family cover these costs.