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How to File an Erb's Palsy Claim Medical malpractice occurs when doctors do not fulfill their duty of care that results in injuries or the worsening of an existing condition. Erb's palsy cases aren't any different. Families may be able to receive compensation for an injury to the brachial plexus that was preventable. It can also provide closure for 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 the way they move around, use their fingers and hold objects in their hands. In most cases, a young person will require physiotherapy and have other surgical procedures to improve their mobility. The condition develops when the shoulders and neck are straining beyond what they should be in difficult births. It could result in nerve damage to the brachial nerve, a network of five nerves that run from the baby's neck down to the arm and hand that control movement and feel. This happens when doctors or midwives apply too much pressure to the baby's head during delivery and especially when the child is in the breech position. It could also happen when medical professionals use forceps or a vacuum extractor, and applies too much pressure, causing stretching of the neck of the newborn. Families can get compensation for the cost of treatment by filing Erb's palsy claims. Many of these cases settle outside of court, avoiding long trial processes. How Do I Filing an Erb's Palsy Claim? You may be entitled to compensation if your child was diagnosed with Erb's Palsy by the medical professionals involved in their birth. A legal claim can assist you in paying for your child's medical care as well as the necessary adaptive equipment therapy, and future education. Erb's Palsy is a condition that occurs when the nerves and tendons in your child's shoulder become stretched or damaged during the birth or during labor. The injury could be caused by a number reasons, including a lengthy, complex labor or an induction, a large or breech baby or complications after a previous birth. Your legal team will gather evidence from medical records and other sources, to prove your claim when you bring a lawsuit against Erb's Palsy. Then, they'll try to negotiate a settlement with the defendants. Both sides will be awarded an agreement and the case will be closed. If a settlement cannot be reached, your case could be brought to trial. The jury will listen to both sides' arguments and then decide the person responsible for the injury your child sustained. What is the Statute of Limitations in Erb's Palsy Cases? You could be awarded compensation that can change your life, regardless of whether your child's brachial-plexus is disabled due to an injury caused by Erb's or any other type of birth injury. Your lawyer can hold the medical professionals accountable for their negligence in causing your child's injury. Nurses and doctors must maintain an excellent level of care during the birth of babies. If they fail to do so they could inflict injuries. If your child suffered an injury referred to as Erb's-Palsy, it could have been avoided. A skilled lawyer can conduct a thorough investigation and discover evidence of negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and receive compensation as soon as is possible. Compensation can cover the cost of your child's medical therapy, therapy, adaptive equipment and rehabilitation. Compensation may also help cover the loss of earnings if you or your family member required time off from work to take care of your children. The statute of limitations or the deadline for filing lawsuits, differs from state to state. How do I choose an Erb's Palsy lawyer? A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to know the medical aspects involved in these cases, as well as the determination to fight insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb’s Palsy attorneys have both of these qualities, and can provide a thorough evaluation of the case for parents who suspect their child has suffered an avoidable birth injury. Erb's Palsy is a kind of brachial-plexus injury that affects the upper arms as well as shoulders. It is often caused by a birth trauma and can result in weakness or even paralysis of one arm. erb's palsy attorney farmington hills with this condition struggle to lift their weight or crawling. This type of birth injury happens most often during breech or difficult delivery. If a baby becomes stuck in the birth canal doctors must employ force to get it out. This could cause damage or stretch the nerves of the neck of the baby. This kind of birth trauma, also referred to as shoulder dystocia, is the most common cause of 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, called statutes, that limit how long families can file a lawsuit after an medical error can cause an injury like Erb's palsy. A lawyer can still help you file a lawsuit for Erb's Palsy even if the time limit has passed. Your attorney will work with your family to determine if the injury suffered by your child was the result of medical malpractice. They will recruit medical experts to look over the medical records of your child and offer their opinion. This is called establishing the standard of care applicable to your situation. Erb's Palsy is one type of brachial-plexus aplasia. It affects your child's movement and sensory responses. This is caused when the nerves of the brachialplexus are damaged during birth. It is typically caused by medical professionals applying excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch or tear neck nerves. Children with Erb’s palsy need constant rehabilitation and physiotherapy. They also may require adaptive equipment for their homes. The compensation a judge awards will help your family with these costs.