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How to File an Erb's Palsy Claim Medical negligence occurs when doctors fail to fulfill their duties of care, resulting in injury or worsening of an existing condition. Erb's Palsy cases aren't any different. Families can seek compensation for the injury to the brachial area that was preventable. It can also bring an emotional sense of closure to the entire 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 impact how they walk, hold objects in their hand and use their fingers. Often, a young person will need to undergo physical therapy as well as undergo other surgical procedures to improve their mobility. This happens when the neck of the infant or shoulders are stretched beyond the normal during difficult births. It can result in nerve injury to the brachialplexus. This is an area of primary nerves that connects the baby's head to the arm and hand. This can happen when doctors or midwives push too hard on the child's head during birth, especially if the child is in the breech position. It could also happen when a medical professional uses forceps or a vacuum extractor and applies too much pressure, stretching the newborn's neck. Families may be able to recover compensation for the cost of treatment by filing Erb's Psy claims. The majority of these cases are settled out of court, which avoids lengthy trial proceedings. How do I file an Erb's Palsy claim? If your child was diagnosed with Erb's syndrome, you may be entitled to compensation from the medical professionals involved in their child's birth. A legal claim can aid in the payment of your child's medical treatment and adaptive equipment that is required for therapy, and a future education. Erb's Palsy is a condition that occurs when the tendons and nerves of your child's shoulder become stretched or damaged during labor or delivery. The injury could result from several factors, including a long or complicated labor, an induced labor, a large baby, breech presentation or complications that result from a previous delivery. If erb's palsy attorneys midland file an Erb's palsy lawsuit and have your legal team 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. In the event of a settlement, both sides will receive a cash settlement and the case will close. If a settlement isn't possible your case will be sent to trial. The jury will hear both sides' arguments and determine who was at fault for your child's injury. What is the Statute of Limitations in Erb's Palsy Cases? You could receive compensation that can change your life no matter whether your child's brachial-plexus was crippled due to an injury caused by Erb's or another birth injury. Your lawyer can pursue the health care professionals responsible for your child's injury to ensure that they are held accountable for their medical negligence. Doctors and nurses are bound by obligations to uphold an extremely high standard of care during delivery. If they fail to adhere to this, they can cause injuries. It is possible to prevent Erb's syndrome in your child. An experienced lawyer will be able to conduct a thorough investigation in order to identify evidence of negligence. They can also negotiate directly with the lawyers of the party responsible to avoid a court trial and obtain the compensation they can. Compensation may cover the cost of your child's medical therapy, therapy as well as adaptive equipment and rehabilitation. Compensation can also pay for lost wages if you or another family member has to miss work to care for your child. The statute of limitations, or deadline to file lawsuits, varies by state. What should I look for in an Erb's Palsy lawyer? To win an Erb's Palsy case, you'll need a lawyer who has the legal knowledge and determination necessary to fight insurance companies that refuse to pay victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these skills and can offer a thorough case review for families who suspect that their child may have suffered a preventable birth injury. Erb's Palsy is a traumatic injury to the brachial muscle that affects the shoulders and upper arms. It is often caused by trauma during delivery and can result in weakness or even paralysis of one arm. The majority of infants suffering from the condition have difficulty crawling or lifting their weight. This type of birth injury occurs most often when a breech or difficult birth occurs. If a baby is trapped in the birth canal medical professionals must exert the force necessary to free them, which can cause damage or stretching of the nerves that run through the neck of the infant. This type of birth trauma, also known as shoulder dystocia, is the most common cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis in newborns. How Can Erb's Palsy Lawyers Help Me? There are laws in force that are known as statutes of limitations, that restrict how long families are allowed to file legal actions after a medical error causes an injury such as Erb's Palsy. However, a lawyer can help you file an Erb's palsy lawsuit even after this window has expired. Your attorney will work with your family members to determine if the injury of your child was caused by medical negligence. They will engage medical professionals to look over the medical records of your child and offer their opinion. This is known as establishing the standards of care for your case. Erb's palsy is a form of brachial plexus palsy that affects the sensory and movement in your child's arm. The condition occurs when the nerves of the brachialplexus are injured during the birth. It is often caused by medical personnel applying excessive force to deliver the baby in cases of shoulder dystocia which can cause compression, stretch or tear nerves in the neck. Children with Erb’s palsy need constant rehabilitation and physiotherapy. They may also require purchase adaptive equipment for their home. The compensation granted by the court can assist you and your family pay for these costs.