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How to File an Erb's Palsy Claim Medical negligence occurs when a physician does not perform their duty of treating you with care, resulting to injury or an existing health condition that is getting worse. Erb's Palsy cases aren't any different. Families may be able to receive compensation for a brachial plexus injury that could have been avoided. It can also bring peace for the family. What is Erb's Palsy Claim? Erb's palsy is a birth defect that can cause young people to develop weakening in one or both arms. The condition can also affect the way they move, use their fingers and hold objects in their hands. In most cases, a young person may require physical therapy and other surgical procedures to improve their mobility. The condition is caused when the shoulders and neck are straining over what they ought to be during difficult births. It can cause nerve injury to the brachialplexus, which is the primary nerve network which runs from the infant's head down to his arm and hand. This happens when doctors or midwives are too firm on the head of a newborn during birth particularly if the child is in the 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 newborn's neck. Families may be able to recover compensation for the expense of treatment by filing Erb's-Palsy claims. Many of these cases settle outside of court, avoiding long trial processes. How do I file an Erb's Palsy claim? If your child was diagnosed with Erb's palsy, you may be eligible for compensation from the medical professionals who were involved in their child's birth. You can make a claim to cover your child's medical care or therapy equipment, adaptive equipment, and future education. Erb's Palsy happens when the tendons or nerves of your child's shoulders are stretched or damaged during labor or delivery. This injury can result from various reasons, such as a lengthy or complex labor, an birth-induced labor, a larger baby, breech presentation, or complications from an earlier birth. If you file an Erb's Palsy lawsuit and your legal team will gather evidence from medical records as well as other sources to support your claim. They will then attempt to negotiate a settlement agreement with the defendants in the case. Both sides will receive an agreement, and the case will be closed. If a settlement is not reached, your case could be brought to trial. The jury will consider both sides and determine if they were at fault for the harm suffered by your child. What is the Statute of Limitations in Erb's Palsy Cases? If your child's plexus brachial was paralyzed as a result of an Erb's syndrome injury or another birth injury, you are able to claim legal recourse and life-changing compensation. Your lawyer will hold health care professionals accountable for their negligence in causing the injury to your child. Doctors and nurses are bound by a duty to adhere to the highest standards of care during the delivery. If they do not adhere to this they could cause injuries. If your child suffered an injury from Erb's Palsy the injury could have been prevented. An experienced lawyer can conduct a thorough investigation and find evidence of negligent actions. erb's palsy attorney plymouth can also work directly with the lawyers of the party who is at fault to avoid a trial and seek compensation as soon as they can. Getting compensation can help cover the cost of your child's rehabilitation, medical treatment as well as the essential adaptive equipment and therapy expenses. Compensation can also cover lost earnings if you or a family member has had to work to care for your child. The time period for filing a lawsuit or the time limit for filing a lawsuit, is different per 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 know the medical issues involved in these cases and the determination to take on insurance companies that deny victims the money they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these qualities, and can provide a thorough evaluation of the case for families who suspect their child has suffered an avoidable birth injury. Erb's Palsy is a traumatic injury to the brachial nerve that affects the shoulders and upper arms. It is usually caused by trauma during birth and can lead to weakness or even paralysis of one arm. The majority of infants suffering from the condition struggle to crawl or lift their weight. This type of birth injury usually occurs during breech or difficult births. When a baby gets stuck in the birth canal doctors will employ force to get it out. This could cause damage or stretch the nerves in the neck of the baby. This kind of birth trauma, also referred to as shoulder dystocia, is the most common cause of Erb's syndrome. It is the most prevalent cause for permanent paralysis of newborns. What can Erb's Palsy Lawyers Help Me? There are laws, also known as statutes which limit the time a family can file a lawsuit when an error in medical care can cause an injury like Erb's palsy. A lawyer can assist you file a lawsuit against Erb's psoriasis even if the statute of limitations has run out. Your attorney will work with your family to determine if the injury of your child was the result of medical negligence. They will employ medical professionals to review your child's medical records and offer their opinions. This is known as establishing the standards of care applicable to your particular situation. Erb's palsy is a type of brachial plexus ailment that affects the sensory and movement in your child's arm. This condition is caused by an injury to the nerves of the brachial area during birth. In cases of shoulder dystocia it is typically caused by the medical staff using excessive pressure to deliver the baby. This may cause compression, stretch or tear the neck nerves. Children with Erb's syndrome require continuous rehabilitation and physiotherapy. Additionally, they may require adaptive equipment for their homes. The compensation a judge awards can help the family pay for these costs.