How to File an Erb's Palsy Claim
Medical malpractice is when a physician does not perform their duty of care for you, leading to injury or an existing condition becoming worse. Erb's palsy cases aren't different.
A successful claim can be a way to compensate families for their child's avoidable brachial plexus injury. It also can provide closure for the entire family.
What is an Erb's Palsy Claim?
Erb's Palsy can cause children to lose strength in their arms. The condition can also affect how they walk, use their fingers and hold objects with their hands. A child may have to undergo physiotherapy or other surgical procedures to improve their mobility.
The condition is caused when the shoulders and neck are straining over what they ought to be during difficult births. It can cause nerve injuries to the brachialplexus. It is an area of primary nerves that connects the baby's head down to his arm and hand.
This can happen when midwives or doctors apply too much pressure to the baby's head during delivery and especially when the child is in the breech position. It can also occur when medical professionals use forceps or a vacuum extractor and applies too much pressure, causing stretching of the neck of the newborn. Erb's claims for palsy can help families obtain compensation to pay the costs of treatment. A majority of these cases are settled out of court to avoid long trial processes.
How do I file an Erb's Palsy claim?
You may be entitled to compensation if your child was diagnosed with Erb’s palsy by the medical experts involved in their birth. A legal claim can aid in the payment of your child's medical treatments as well as the necessary adaptive equipment therapy, and even future education.
Erb's syndrome is caused by the tendons and nerves in your child's shoulder are stretched or damaged during the birth or during labor. The cause of this injury can be a number of causes, such as a long or complicated labor, an induced labor, a large baby, breech presentation, or complications from a previous delivery.
Your legal team will seek evidence from medical records, and other sources, to support your claim when you make a claim for Erb's Palsy. Then, they will try to reach an agreement with the defendants. In the event of a settlement, both parties will receive a payment and the case will end. If a settlement cannot be reached, your case may be brought to trial. erb's palsy law firm lakewood will consider both sides and determine 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 Palsy injury or another birth injury, you could claim legal recourse and life-changing compensation. Your lawyer can seek to pursue the medical professionals responsible for the child's injury and ensure that they are held accountable for their medical negligence.
Doctors and nurses are bound by the obligation to maintain the highest standards of care during delivery. They can cause injuries if they fail to follow. If your child was injured by an Erb's palsy injury it could have been avoided.
A skilled lawyer can conduct an extensive investigation and uncover evidence of negligent actions. They can also work directly with the lawyers of the party who is at fault to avoid a court trial and obtain the compensation they can. Compensation can cover the cost of your child's therapy, medical treatment or adaptive equipment, as well as rehabilitation. Compensation may also cover lost earnings if you or a family member had to miss work to take care of your child. The time-limit, or deadline for filing lawsuits, is different for each state.
How Do I Choose an Erb's Palsy Lawyer?
To win an Erb's Palsy case, you need an attorney with the legal knowledge and determination necessary to fight insurance companies who refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb’s Palsy lawyers have both of these attributes, and will provide a thorough overview of the case in the event that families suspect their child has suffered an avoidable birth injury.
Erb's palsy is a form of brachial plexus injuries that affects the upper arms as well as shoulders. It is typically result of a trauma that occurs during birth and can result in weakness or paralysis in one arm. Many infants who suffer from the condition have difficulty crawling or lifting their weight.
This kind of birth injury usually occurs when breech or difficult deliveries. If a baby is trapped in the birth canal medical professionals must use pressure to free them which can strain or harm the nerves of the neck of the child. This kind of birth trauma is referred to as shoulder dystocia, and is the main 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 force known as statutes of limitations, that restrict how long families can take legal action after a medical error causes an injury like Erb's palsy. However lawyers can help to file an Erb's psy lawsuit after this time has closed. Your attorney will work with your family members to determine if the injury suffered by your child was the result of medical negligence. They will hire medical professionals who will review the records of your child's medical history and provide their opinion. This is referred to as establishing the appropriate standards of care in your situation.
Erb's palsy is a form of brachial-plexus palsy. It affects your child's movements and sensory responses. The condition occurs when the brachialplexus' nerves are damaged during birth. In cases of shoulder dystocia it is typically caused by the medical staff applying excessive pressure to deliver the baby. This may compress and stretch or tear the neck nerves.
Children with Erb's Palsy require ongoing rehabilitation and physiotherapy. They may also need to purchase adaptive equipment for their home. Compensation granted by a court can help your family with these costs.