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How to File an Erb's Palsy Claim Medical malpractice occurs when doctors fail to perform their duties of care which results in injury or worsening an existing condition. Erb's palsy cases are no different. Families can seek compensation for a brachial plexus injury that was preventable. It can also bring closure for the family. What is an Erb's Palsy Claim? Erb's Palsy can cause young people to lose strength in their arms. The condition can also affect how they move, use their fingers and hold objects with their hands. Most often, a child will need to undergo physiotherapy or other surgical procedures to improve their mobility. The condition develops when the shoulders and neck are strained beyond what they should be during difficult births. It can cause nerve damage to the brachial plexus the brachial plexus, a network of five primary nerves that run from the baby's neck down to the hand and arm that control movement and feel. This can happen when doctors or midwives push too hard on the baby's head during delivery especially if the child is in the breech position. It can also occur when medical professionals use forceps or a vacuum extractor and applies too much pressure, stretching the neck of the newborn. Families may be able to recover compensation for the costs of treatment by filing Erb's palsy claims. The majority of these cases are settled outside of court, avoiding lengthy trial procedures. How do I file an Erb's Palsy claim? You may be entitled to compensation If your child was identified with Erb’s palsy by the medical professionals involved in their birth. A legal claim could assist you in paying for your child's medical treatments and adaptive equipment that is required for therapy, and a future education. Erb's spalsy occurs when nerves or tendons of your child's shoulders are stretched or damaged during delivery or labor. The injury could be caused by a number factors, including long, complicated labor or an induction, a large or breech baby, or complications following a previous birth. If you file an Erb's-Palsy lawsuit and have your legal team collect evidence from medical records as well as other sources to support your claim. They will then try to reach a deal with the defendants in the case. Both sides will receive a settlement, and the case will be closed. If a settlement cannot be reached, your case could be heard in court. The jury will hear both sides and decide whether they are at fault for the injury suffered by your child. What is the Statute of Limitations in Erb's Palsy Cases? You could be awarded compensation that will alter your life, regardless of the fact that your child's brachial plexus was affected by an injury to the Erb's palsy or another birth injury. Your lawyer can hold medical professionals accountable for their negligence in causing the injury to your child. Doctors and nurses have a duty to adhere to the highest standards of care during delivery. If they fail to adhere to this they could inflict injuries. It is possible to stop Erb's Palsy in your child. A seasoned lawyer will be able to conduct an exhaustive investigation to find evidence of negligence. They can also work directly with the attorneys of the party responsible to avoid a court trial and obtain compensation as soon as they can. Compensation can help pay for the cost of your child's rehabilitation, medical treatment as well as the essential adaptive equipment and therapy expenses. Compensation can also be used to pay for lost wages if you or a family member had to leave to care for your child. The statute of limitations or the deadline to file lawsuits, is different for each state. What should I look for in an Erb's Palsy lawyer? To be successful in an Erb's Palsy case, you require an attorney with the legal knowledge and perseverance required to battle insurance companies who refuse to pay victims the compensation they are entitled to. 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 birth injury that could have been prevented. Erb's Palsy refers to an injury to the brachial plexus, which affects the shoulders and upper arms. It is usually caused by trauma during birth and can result in weakness or even paralysis of one arm. Most infants with this condition have trouble lifting their body weight or even crawling. erb's palsy attorneys south gate of birth injury is usually experienced in breech births that are difficult or painful. When a baby is stuck in the birth canal medical professionals must use force to free them which may stretch or damage 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 syndrome. It is the most frequent reason for permanent paralysis in newborns. How Do Erb's Palsy Lawyers Help Me? There are laws, called statutes that limit the length of time a family can file a lawsuit after an error in medicine results in injury, like Erb's palsy. However an attorney can help you file an Erb's-related lawsuit even after the time limit has passed. Your lawyer will work closely with you and your family to determine whether your child's injuries are caused by negligence on the part of a medical professional. They will engage medical professionals who will review your child's records and give their opinion. This is referred to as establishing the applicable standards of care in your situation. Erb's palsy is a form of brachial plexus syndrome that affects the sensory and movement in your child's arm. This condition is caused by the brachialplexus' nerves are injured during birth. In cases of shoulder dystocia it is usually caused by the medical staff applying excessive pressure to deliver the baby. This may cause compression and stretch or tear the neck nerves. Children with Erb's palsy require continuous rehabilitation and physical therapy. They may also require adaptive equipment for their homes. Compensation granted by a court could help your family with these costs.