How to File an Erb's Palsy Claim
Medical malpractice happens when a doctor fails in their duty of treating you with care, resulting to injury or a condition worsening. The cases involving Erb's palsy are no different.
Filing a successful claim can be a way to compensate families for their child's preventable brachial plexus injury. It also can bring feelings of closure for the entire 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 alter how they move, hold objects with their hands and move their fingers. A young person is required to undergo physiotherapy and have other surgical procedures to improve their mobility.
This condition occurs when the infant's neck or shoulders are stretched beyond the normal during difficult births. It could result in nerve damage to the brachial-plexus which is a network of five primary nerves that connect the baby's neck down to the hand and arm that control movement and feel.
This happens when doctors or midwives are too firm on a child's head during delivery, especially if the child is in the breech position. It can also happen when a medical professional applies too much force using vacuum extractors or forceps, stretching the neck of the newborn. Families may be able to recover compensation for the costs of treatment by filing Erb's palsy claims. Most of these cases are settled outside of court, which avoids lengthy trial procedures.
How do I file an Erb's palsy claim?
If your child has been diagnosed with the condition 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 cover your child’s medical care or therapy equipment, adaptive equipment, and education in the future.
Erb's palsy is caused when the tendons and nerves of your child's shoulder become stretched or damaged during labor or delivery. This injury can result from a variety of factors, including a prolonged, complicated labor or an induction, a large or breech baby, or complications after the birth of a previous baby.
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. They will then try to negotiate a settlement agreement with the defendants in the case. In the event of a settlement, both parties will receive a cash settlement and the case will come to an end. If a settlement isn't feasible, your case will go to trial. The jury will consider both sides and determine if they were at fault for the harm suffered by 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 syndrome injury or another type of birth injury, it is possible to obtain legal justice and life-changing compensation. Your lawyer will hold medical professionals accountable for their negligence in causing the injury to your child.
Doctors and nurses have obligations to uphold an extremely high standard of care during the process of giving birth. If they fail to adhere to this they could inflict injuries. If your child was injured by an injury referred to as Erb's-Palsy it could have been prevented.
erb's palsy attorney boston will be able conduct a thorough investigation in order to find evidence of negligence. They can also negotiate directly with the lawyers of the party who is at fault to avoid a court trial and obtain compensation as fast as they can. Compensation can cover the cost of your child's therapy, medical care, adaptive equipment and rehabilitation. Compensation can also be used to cover lost wages, if you or one of your family members needed to take time off from work to take care of your children. The time period for filing a lawsuit 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 an attorney who has the legal knowledge to know the medical issues that arise in these cases and determination to take on insurance companies that deny victims the compensation they deserve. Our Brooklyn Erb's Palsy attorneys possess both of these attributes, and can provide a thorough analysis of the case for parents who suspect their child suffered a reversible birth injury.
Erb's Palsy refers to an injury to the brachial plexus, which affects shoulders and upper arms. It is usually caused by trauma during delivery and can result in weakness or even paralysis of one arm. Most infants with this condition have difficulty lifting their weight or crawling.
This kind of birth injury typically occurs in breech births that are difficult or painful. When a baby gets stuck in the birth canal doctors have to apply force to push it out. This could cause damage or stretch the nerves in the neck of the baby. This kind of birth trauma is referred to as shoulder dystocia, and is the leading cause of Erb's syndrome. It is also the most common cause of permanent paralysis in newborns.
How Can Erb's Palsy Lawyers help me?
There are laws, also known as statutes that limit the length of time a family is allowed to file a lawsuit if an error in medical care results in an injury, such as Erb's Palsy. However lawyers can help to file an Erb's psy lawsuit after this time has expired. Your attorney will work with your family members to determine if your child's injury was due to medical negligence. They will hire medical professionals to look over the medical records of your child and give their opinion. This is known as establishing the applicable standard of care for your situation.
Erb's palsy is a type of brachial plexus syndrome that affects the movement and sensory responses in your child's arm. The condition occurs when the brachialplexus's nerves are injured during the birth. In cases of shoulder dystocia it is usually caused by the medical team applying excessive pressure when delivering the baby. This can compress or stretch the neck nerves.
Children with Erb's syndrome require ongoing rehabilitation and physiotherapy. They might also have to get adaptive equipment for their home. Compensation awarded by a court could help your family to pay for these expenses.