How to File an Erb's Palsy Claim
Medical malpractice is when a physician is negligent in their duty of care to you, leading to injury or an existing condition becoming worse. Erb's palsy cases aren't any different.
Families can seek compensation for the injury to the brachial area that could have been avoided. It also can bring feelings of closure for the entire family.
What is an Erb's Palsy Claim?
Erb's Palsy can cause young people to lose strength in their arms. The condition can impact how they walk, hold objects in their hands and move their fingers. Most often, a child will require physical therapy as well as undergo other surgical procedures to improve their mobility.
This condition can occur when the neck of the infant or shoulders are stretched beyond the normal during births that are difficult. It could cause nerve damage to the brachial nerve which is a system of five nerves primary that extend from the neck of the baby down to the arm and hand which control movement and sensation.
It could be caused by midwives or doctors pushing too hard on the head during the delivery and especially when the child is in a forward position. It could also happen 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 cost of treatment by filing Erb's-Palsy claims. The majority of these cases are settled outside of court, thus avoiding lengthy trial procedures.
How do I File an Erb's Claim?
If your child was diagnosed with Erb's palsy, you could be entitled compensation from the medical professionals who were involved in the birth of your child. A legal claim could assist you in paying for your child's medical treatments as well as any adaptive equipment needed for therapy, and future education.
Erb's spalsy occurs when tendons or nerves of your child's shoulders are damaged or stretched during labor or delivery. The injury could be caused by a variety of factors, including prolonged, complicated labor or induction, a large or breech baby or complications after an earlier birth.
Your legal team will gather evidence from medical records, and other sources, to prove your claim when you file a lawsuit for Erb's Palsy. Then, they'll attempt to reach an agreement with the defendants. In a settlement, both sides will receive a payment and the case will end. If a settlement is not reached, your case may be heard in court. The jury will examine both sides and decide whether they were responsible for the harm to your child.
What is the Statute of Limitations in Erb's Palsy Cases?
Whether your child's brachial plexus was paralysed as the result of an Erb's injury or another birth injury, you are able to receive legal justice and life-changing compensation. Your lawyer can seek to pursue the health care professionals responsible for the child's injury and ensure that they are held accountable for their medical negligence.
Doctors and nurses are required to maintain the highest standards of care during the birth of babies. They can cause injuries if they don't. It is possible to prevent Erb's palsy in your child.
An experienced lawyer will be able conduct a thorough investigation in order to discover evidence of negligence. They can also negotiate directly with the attorneys of the party who is at fault to avoid a trial and obtain compensation as fast as they can. Compensation can cover the costs of your child's medical treatment, therapy, adaptive equipment and rehabilitation. Compensation can also cover lost wages if you or another family member had to miss to care for your child. The statute of limitation or deadline to file lawsuits, varies by state.
How do I Select an Erb's Palsy Lawyer?
To win an Erb's Palsy case, you need an attorney with the legal knowledge and determination necessary to challenge 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 can provide a thorough review of the case in the event that families suspect their child may have suffered a preventable birth injury.
Erb's Palsy is an injury to the brachial plexus, which affects shoulders and upper arms. It is often caused by a birth trauma and can lead to weakness or even paralysis of one arm. The majority of infants affected struggle to crawl or lift their weight.
This kind of birth injury is usually experienced during difficult or breech deliveries. If a baby becomes stuck in the birthing canal doctors have to use force to get it out. This can cause damage or stretch the nerves of the neck of the baby. This kind of birth trauma, also referred to as shoulder dystocia, is the most common cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis in newborns.
How Can Erb's Palsy Lawyers help me?
There are laws, called statutes that limit the length of time families can file a suit after a medical mistake results in injury, like Erb's Palsy. A lawyer can assist you file a lawsuit for Erb's Palsy, even if the statute of limitations has expired. Your attorney will work with your family members to determine if the injury suffered by your child resulted from medical malpractice. They will hire medical professionals to examine the medical records of your child and provide their opinion. This is referred to as establishing the appropriate standard of care in your situation.
Erb's Syndrome is one form of brachial-plexus aplasia. It affects your child's movements and sensory responses. The cause is an injury to the nerves in the brachial plexus during birth. In cases of shoulder dystocia, it is usually caused by medical personnel using excessive pressure when delivering the baby. This can compress, stretch or tear the neck nerves.
Children with Erb’s palsy need continuous rehabilitation and physiotherapy. erb's palsy law firm mcallen may also require obtain adaptive equipment for their home. The compensation a judge awards will help your family pay for these costs.