How to File an Erb's Palsy Claim
Medical negligence is when doctors fail to meet their obligations to patients that results in injury or worsening an existing condition. The cases involving Erb's palsy are no different.
Families can seek compensation for a brachial plexus injury that could have been avoided. 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 weakness in either or both arms. The condition can also affect the way they walk, use their fingers and hold objects in their hands. A child may have to undergo physiotherapy or surgical procedures to improve their mobility.
The condition can occur when the shoulders and neck are strained over and above what they should be during births that are difficult. It can cause nerve injuries to the brachialplexus. It is a network of primary nerves that connects the baby's head to his hand and arm.
It can be caused by midwives or doctors pushing too hard on the head during a labor or when a child is in a breech position. It can also occur when medical professionals use forceps or a vacuum extractor and applies excessive pressure, stretching the neck of the newborn. Erb's claims for palsy can help families get compensation to cover the cost of treatment. Most of these cases are settled outside of court, which avoids long trial processes.
How do I 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 child's birth. You can file a legal claim to pay for your child's medical treatment or adaptive equipment, therapy and even future education.
Erb's Palsy is a condition that occurs when the tendons and nerves of your child's shoulder become stretched or damaged during the birth or during labor. erb's palsy law firm lancaster of this condition can be several factors, including a prolonged or complex labor, an inducing labor, a large baby, a breech appearance, or complications that result from a previous birth.
When you file an Erb's-Palsy lawsuit and have your legal team gather evidence from medical records and other sources to support your claim. They will then try to reach a settlement with the defendants. In a settlement, both sides will be paid a sum and the case will come to an end. If a settlement is not possible the case will 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 in Erb's Palsy Cases?
You can get compensation that will change your life no matter whether your child's brachial-plexus was paralysed due to an injury from Erb's Palsy or another birth injury. Your lawyer can pursue the medical professionals responsible for your child's injury to be held accountable for their medical negligence.
Nurses and doctors have obligations to uphold the highest standards of medical care during the birth. If they fail to adhere to this they could cause injuries. If your child sustained an Erb's palsy injury it could have been prevented.
An experienced lawyer will be able to conduct a thorough investigation in order to find evidence of negligence. They can also directly negotiate with the lawyers of the party responsible to avoid a court trial and receive compensation as soon as they can. Compensation can help pay for the costs of your child's rehabilitation, medical care and equipment for adaptive use, and therapy expenses. Compensation can also compensate for lost wages if you or a family member needed to take time off from work to care for your children. The time-limit, or deadline for filing a lawsuit, is different per state.
How do I select an Erb's Palsy lawyer?
To be successful in an Erb's Palsy case, you need a lawyer who has the legal knowledge and determination necessary to fight insurance companies who 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 parents who suspect their child has suffered an avoidable birth injury.
Erb's Palsy is a traumatic injury to the brachial plexus that affects the upper and lower shoulders as well as the upper arms. It is usually caused by trauma during childbirth and can cause weakness or paralysis in one arm. Most infants affected by this condition have trouble lifting their weight or even crawling.
This type of birth injury happens most often during breech or difficult delivery. When a baby gets stuck in the birth canal medical professionals must use the force necessary to free them which may cause damage or stretching of the nerves that run through the neck of the infant. This kind of birth trauma, also known as shoulder dystocia, is the main cause of Erb's syndrome. It is the most frequent cause for permanent paralysis of newborns.
How Can Erb's Palsy Lawyers help me?
There are laws in place known as statutes of limitations, that restrict how long families are able to pursue legal action after a medical error causes an injury like Erb's palsy. However, a lawyer can help you file an Erb's-related lawsuit even after this window is over. Your lawyer will work with your family to determine if your child's injury resulted from medical malpractice. They will seek out medical experts who will examine your child's records and give their opinion. This is called establishing the standard of care for your particular situation.
Erb's spalsy is one type of brachial plexus ailment 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 the birth. It is most often due to medical staff using excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch or tear the neck nerves.
Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They also may need to get adaptive equipment for their homes. The compensation granted by the court could help you and your family cover these costs.