Erb's Palsy Compensation
You can receive compensation for Erb's paralysis, which will allow your child get medical care as well as adaptive equipment and an education that is of the highest standard. Our legal team works with families to determine what they will have to pay to care for their child.
Most birth injury lawsuits settle out of court, avoiding costly jury trials. If a trial is necessary, our attorneys will prepare your case to win.
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Based on the severity of the injury, damages may include a full range of medical expenses, including the future and past estimated costs. These damages can include money spent on or to be used to pay for physical and occupational treatments, as well as any resulting mental services.
Parents also have the right to compensation for the loss of their child's enjoyment of life. The impact of Erb's Palsy on a child can have a significant impact on their life quality and on the family as a whole. In many instances the disability could result in a substantial loss of future earnings.
Children suffering from Erb's 'Palsy' may also require special equipment and assistive device to help them get around and become as independently as they can. They may require support for the rest of their lives and therapy. In addition, their parents may suffer from emotional stress as result of the injury.
It is essential to speak with a professional birth injury lawyer immediately you realize that your child may have suffered a brachial plexus birth injury during labor and birth. Your attorney will review your case and gather evidence. This could include statements from witnesses and also written reports from experts on your child's case. Once your legal team has gathered the information they can begin the process of settling your case out of court or take your case to trial.
Time Limits
If your child is diagnosed with Erb's palsy, you could be eligible to receive compensation for medical costs and physical therapy as well as other rehabilitation expenses. It is recommended to contact a Cincinnati Erb’s Palsy Attorney as soon as you can to ensure that your claim is made before the deadline for filing claims in your state.
If there is an award of compensation, if the lawsuit is successful, it may be awarded to pay medical expenses, hospital charges loss of wages, discomfort and pain. In addition, damages can include reimbursement for the equipment your child requires to enhance their functioning in their shoulder or arm like an extension splint with springs or special physical therapy sessions.
The leading cause of erb's palsy nerve damage is the use of force during a complex delivery, such as a breech or a large baby. This can cause the neck to stretch and damage the brachial nerves of one or both arms. Doctors should be able recognize the presence of an exceptionally large infant or a breech posture and, in these cases suggest a caesarean section to avoid injuries in the delivery.
Other causes of concern include failure to deliver the baby breech via C-section, or the excessive force used to remove the head of the child during vaginal delivery. Many of these medical mistakes could have been prevented and families of children with erb's paralysis should consider filing a claim for compensation.
Medical expense
If a child suffers an injury to the brachial area that leads to Erb's palsy it can impact their quality of life and result in discomfort, pain and inability to function. In some cases where the injury results in ongoing rehabilitation or physiotherapy including equipment that is specialized and home modifications an application for compensation could be filed to offset the expenses.
A OB/GYN could be held accountable for damages in an Erb's palsy claim if medical error or negligence was the direct cause of the birth injury. It could be due to a failure detect the condition in time to undergo a Cesarean to prevent the issue or excessive force applied during labor and birth. This is most common in breech deliveries in which doctors may put lots of pressure on the baby's shoulders and head during delivery.
Brachial plexus injuries which cause Erb's paralysis can be extremely severe and affect children for the rest of their life. In some cases this could mean long-term physiotherapy, occupational therapy and even surgery. It can be costly and difficult for families. It is crucial to pursue an Erb's Palsy settlement. The funds provided can cover the costs of these treatments and allow a family to focus on giving their child the best treatment possible.
Attorney Fees
If you are a parent of a child who suffers from Erb's Palsy, your child will likely face a lifetime of medical expenses. Our lawyers will fight to win the amount of money you need to cover all expenses related to the birth injury, including your child's physical therapy as well as rehabilitative surgery, medication and medical equipment. We can also help you obtain compensation for the suffering and pain suffered by your child and also for their loss of enjoyment in life.
Erb's Palsy can occur if a newborn is forced to move too much during birth. This can happen during vaginal birth or a C-section. This is more common in Breech births, and also when the baby's shoulders are trapped in the canal.
When this happens, doctors may need to use a lot of force to remove the shoulders from the birth canal. This could stretch or tear the brachial plexus nerves which can cause Erb's palsy.
It is important that you make a claim as soon as you can should your child be diagnosed with Erb's Palsy. In many cases, it is the best choice to ensure that you receive the financial settlement required to pay for the treatment and care of your child. A knowledgeable lawyer can make sure that your claims are filed in a timely manner and that all required documents are submitted to the court. Our legal team can also collect evidence and obtain expert opinions to prove the injuries suffered by your child resulted from negligence.