How to File an Erb's Palsy Claim
Medical malpractice is when doctors fail to meet their duty of care, resulting in injuries or the worsening of an existing condition. Erb's Palsy cases are not any different.
The filing of a successful claim could award families compensation for their child's preventable brachial plexus injury. It could also provide an emotional sense of closure to the family.
What is an Erb's Palsy Claim?
Erb's palsy is a birth injury that can leave young people with weakness in one or both arms. The condition can also affect how they walk, hold objects in their hands and use their fingers. A young person may require physical therapy and other surgical procedures to improve their mobility.
This condition can occur when the neck of the infant or shoulders are stretched beyond what is normal during births that are difficult. It can result in nerve injury to the brachialplexus, a network of primary nerves that runs from the baby's head to the arm and hand.
It could be caused by doctors or midwives pulling too hard on the head during the delivery particularly when a baby is in an Breech position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, which causes stretching of the neck of the newborn. erb's palsy law firm elk grove can recover compensation for the cost of treatment by filing Erb's-Palsy claims. Many of these cases settle out of court to avoid lengthy trial proceedings.
How do I file an Erb's palsy claim?
You could be entitled to compensation If your child was identified with Erb's Palsy by the medical experts involved in their birth. You can make a claim to cover your child's medical treatment and therapy equipment, adaptive equipment as well as future education.
Erb's Palsy is a condition that occurs when the nerves and tendons 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, induced labor, a large baby, a breech appearance, or complications that result from a previous birth.
Your legal team will seek evidence from medical records and other sources to back your claim when you file a lawsuit for Erb's Palsy. Then, they'll attempt to reach an agreement with the defendants. Both sides will receive an agreement and the case will be closed. If a settlement is not reached, your case may go to trial. The jury will listen to both sides and decide whether they were the ones responsible 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 paralyzed as a result of an Erb's injury or another birth injury, it is possible to claim legal recourse and life-changing compensation. Your lawyer can hold medical professionals accountable for their negligence in causing your child's injury.
Doctors and nurses have the obligation to maintain the highest standards of medical care during the delivery. If they fail to do so, they can cause injuries. If your child has suffered an injury referred to as Erb's-Palsy the injury could have been avoided.
A skilled lawyer can conduct an exhaustive investigation to identify evidence of negligence. They may also be able to negotiate directly with the attorneys of the party who is at fault to avoid a court trial and receive compensation as fast as they can. Compensation may cover the cost of your child's therapy, medical care as well as adaptive equipment and rehabilitation. Compensation can also cover lost earnings if you or one of your family members had to take time away from work to take care of your children. The time-limit, or deadline for filing a lawsuit, varies by 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 understand the medical issues that arise in these cases as well as the determination to challenge insurance companies that deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these attributes and can provide a thorough review of the case for families who suspect their child suffered a preventable birth injury.
Erb's palsy is a form of brachial-plexus injury that affects the upper arms and shoulders. It is usually caused by a birth trauma and can result in weakness or even paralysis of one arm. Many infants who suffer from the condition struggle to crawl or lift their weight.
This kind of birth injury is seen typically during difficult or breech delivery. If a baby is stuck in the birthing canal, doctors have to make use of force to pull it out. This can cause damage or strain the nerves of the neck of the child. This type of birth trauma, also referred to as shoulder dystocia, is the primary cause of Erb's Palsy. It is the most common cause of permanent paralysis for newborns.
How 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 results in injury, like Erb's Palsy. A lawyer can still help you file a lawsuit against Erb's palsy even after the time limit has passed. Your lawyer will work closely with your family to determine if your child's injuries are caused by medical negligence. They will seek out medical experts who will examine the medical records of your child and offer their opinion. This is referred to as establishing the relevant standard of care for your situation.
Erb's Palsy is a kind of brachial plexus ailment that affects the movement and sensory response in your child's arm. The cause is an injury to nerves in the brachial area during birth. It is typically caused by medical staff applying excessive force to deliver the baby in cases of shoulder dystocia which can cause swelling, stretch or tear the neck nerves.
Children suffering from Erb's palsy need continuous rehabilitation and physical therapy. Also, they may need adaptive equipment for their homes. The compensation awarded by a court can help the family to pay for these expenses.