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How to File an Erb's Palsy Claim Medical malpractice occurs when a doctor does not perform their duty of care for you, leading to injury or an existing condition getting worse. Erb's palsy cases aren't any different. Families can seek compensation for a brachial plexus injury that was preventable. It can also bring the feeling of closure for the family. What is an Erb's Palsy Claim? Erb's palsy is a birth injury that can leave young people with weakening in one or both arms. The condition can also affect how they walk, use their hands and hold objects with their hands. In most cases, a young person will need to undergo physical therapy and other surgical procedures to improve their mobility. This is a condition that occurs when the baby's neck and shoulders are stretched beyond what is normal during difficult births. It can result in nerve damage to the brachial-plexus which is a network of five nerves primary that run from the baby's neck down to the arm and hand controlling movement and sensation. It could be caused by doctors or midwives pulling too hard on the head during a delivery and especially when 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, causing stretching of the newborn's neck. Erb's palsy claims can assist families obtain compensation to pay the cost of treatment. The majority of these cases are settled outside of court, thus avoiding long trial processes. How Do I File an Erb's Palsy Claim? If your child has been diagnosed with the condition Erb's palsy you may be eligible for compensation from the medical professionals involved in their child's birth. You can file a legal claim to pay for the medical treatment of your child or therapy equipment, adaptive equipment and even future education. Erb's Palsy happens when the muscles or nerves of your child's shoulders are damaged or stretched during labor or delivery. The injury could result from a number of reasons, such as a lengthy or difficult labor, inducing labor, a large baby, a breech presentation or complications from a previous birth. Your legal team will gather evidence from medical records and other sources, to back your claim when you bring a lawsuit against Erb's Palsy. They will then try to reach a deal with the defendants in the case. In a settlement, both sides will receive a payout and the case will close. If a settlement cannot be reached, your case may be brought to trial. The jury will examine both sides and decide if they were at fault for the harm to your child. What is the Statute of Limitations for Erb's Palsy Cases If your child's brachial nerve was paralysed as the result of an Erb's Palsy injury or another birth injury, you could claim legal recourse and life-changing compensation. Your lawyer can seek to pursue the health professionals who caused your child's injury to ensure that they are held accountable for their medical negligence. Doctors and nurses are required to maintain the highest level of care when delivering babies. If they do not adhere to this they may cause injuries. If your child suffered an Erb's palsy injury, it could have been prevented. A skilled lawyer will be able to conduct a thorough investigation in order to identify evidence of negligence. They can also directly negotiate with the lawyers of the person responsible to avoid a court trial and receive compensation as soon as they can. Compensation may cover the cost of your child's medical therapy, therapy as well as adaptive equipment and rehabilitation. Compensation may also cover lost wages if you or a family member has to work to care for your child. The statute of limitations or deadline to file lawsuits, differs from state to state. How Do I Choose an Erb's Palsy Lawyer? A successful Erb's Palsy claim requires an attorney with the legal expertise to know the medical issues involved in these cases, as well as the tenacity to fight the insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these attributes and can provide a thorough case evaluation for families that suspect their child suffered a birth injury that could have been prevented. Erb's Palsy is an injury to the brachial muscle that affects shoulders and upper arms. Most often, it's result of a trauma that occurs during birth and can result in weakness or paralysis in one arm. erb's palsy lawyer torrance with the condition have trouble crawling or lifting their weight. This type of birth injury typically occurs during breech or difficult births. When a baby gets stuck in the birthing canal, doctors have to apply force to push it out. This can damage or stretch the nerves of the neck of the child. This kind of birth trauma, also referred to as shoulder dystocia, is the main reason for Erb's palsy. It is also the most frequent cause of permanent paralysis in newborns. How Can Erb's Palsy Lawyers help me? There are laws, known as statutes that limit the length of time a family can file a lawsuit after an error in medical care results in an injury, such as Erb's Palsy. However lawyers can help you file an Erb's palsy lawsuit even if this time frame has passed. Your attorney will work closely with your family to determine whether your child's injury is caused by negligence on the part of a medical professional. They will engage medical professionals who will review the records of your child's medical history and provide their opinion. This is called setting the standard of care that is applicable to your particular situation. Erb's Syndrome is one form of brachial-plexus palsy. It affects your child's movements and sensory responses. This condition is caused by an injury to the nerves of the brachial nerve during birth. It is usually due to medical staff using excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch or tear the nerves in the neck. Children suffering from Erb's palsy need continuous rehabilitation and physical therapy. They might also have to acquire adaptive equipment for their home. Compensation granted by a court can help your family to pay for these expenses.