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What Do You Know About Erb's Palsy Case?
How to File an Erb's Palsy Claim

Medical malpractice happens when a doctor does not perform their duty of treating you with care, resulting to injury or an existing condition worsening. Erb's palsy cases aren't different.

If a claim is successful, it can be a way to compensate families for their child's preventable brachial plexus injury. It can also bring an emotional sense of closure to the 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 move, use their fingers and hold objects with their hands. A child may have to undergo physiotherapy or surgical procedures in order to improve their mobility.

The condition can occur when the shoulders and neck are stretched beyond what they should be during difficult births. It can cause nerve injury to the brachialplexus, a network of primary nerves which runs from the infant's head down to his arm and hand.


This happens when doctors or midwives push too hard on a child's head during delivery and especially when 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 can get compensation for the expense of treatment by filing Erb's palsy claims. A majority of these cases settle outside of court, avoiding lengthy trial procedures.

How do I file an Erb's Palsy claim?

You could be entitled to compensation in the event that your child was diagnosed with Erb’s palsy by the medical professionals involved in their birth. You can use a legal claim to cover your child's medical treatment, therapy equipment, adaptive equipment, and future education.

Erb's Palsy occurs when the tendons or nerves of your child's shoulders are damaged or stretched during delivery or labor. This injury can result from several factors, including a long or complicated labor, an inducing labor, a large baby, breech presentation or complications from a previous birth.

Your legal team will seek evidence from medical records and other sources, to support your claim when you start a lawsuit for Erb's Palsy. They will then try to reach an agreement with the defendants. In an agreement, both sides will be paid a sum and the case will be closed. If a settlement cannot be reached, your case will be brought to trial. The jury will be able to hear both sides' arguments and then decide who was responsible for your child's injury.

What is the Statute of Limitations in Erb's Palsy Cases?

If your child's brachial-plexus was paralyzed as a result of an Erb's palsy injury or another type of birth injury, you are able to claim legal recourse and life-changing compensation. Your lawyer can pursue the health professionals who caused the child's injury and be held accountable for their medical negligence.

Nurses and doctors are required to maintain the highest level of care when they deliver babies. They could cause injuries if they fail to do so. If your child sustained an injury to the Erb's palsy it could have been prevented.

An experienced lawyer can conduct an extensive investigation and uncover evidence of the negligence. They may also be able to negotiate directly with the lawyers of the party who is at fault to avoid a court trial and get compensation as quickly as they can. Compensation may cover the cost of your child's therapy, medical treatment as well as adaptive equipment and rehabilitation. Compensation can also be used to pay for lost wages if you or a family member has had to miss work to care for your child. The statute of limitation or the time limit to file lawsuits, varies by 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 understand the medical aspects involved in these cases, as well as the determination to challenge insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can offer a thorough case review for families that suspect their child suffered a birth injury that could have been prevented.

Erb's Palsy is a traumatic injury to the brachial nerve that affects shoulders and upper arms. Most often, it's caused by a trauma during birth and can result in weakness or paralysis in one arm. Most infants with the condition struggle to crawl or lift their weight.

This kind of birth injury is usually in breech births that are difficult or difficult to deliver. If a baby becomes stuck in the birthing canal doctors must make use of force to pull it out. This can cause damage or stretch the nerves of the neck of the child. This type 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 in newborns.

How can Erb's Palsy Lawyers Help Me?

There are laws in force that are known as statutes of limitations which limit how long families can take legal action when a medical error results in an injury like Erb's palsy. However, a lawyer can help to file an Erb's psy lawsuit even after this window has closed. Your lawyer will work closely with your family to determine whether your child's injuries are due to medical negligence. They will recruit medical experts to review your child's medical records and give their opinion. This is known as establishing the standards of care in your case.

erb's palsy attorneys cary is one form of brachial-plexus aplasia. It affects your child's movement and sensory responses. The cause is an injury to the nerves within the brachial plexus at the birth. In cases of shoulder dystocia it is usually caused by medical staff using excessive pressure to deliver the baby. This can cause compression and stretch, or even tear neck nerves.

Children suffering from Erb's palsy require ongoing rehabilitation and physiotherapy. They might also have to get adaptive equipment for their home. Compensation awarded by a court can help your family cover these costs.

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