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How to File an Erb's Palsy Claim Medical negligence is when doctors fail to fulfill their duties of care and cause injury or worsening an existing condition. Erb's Palsy cases aren't any different. Families can seek compensation for an injury to the brachial nerve which could have been prevented. It can also bring a sense of closure for the family. What is Erb's Palsy Claim? Erb's Palsy can cause children to lose strength in their arms. The condition can also affect their ability to walk, hold objects in their hand and use their fingers. Young people may have to undergo physiotherapy or other surgical procedures in order to improve their mobility. The condition occurs when an infant's shoulders and neck are straining beyond what they are supposed to be during births that are difficult. It can cause nerve damage to the brachial area which is a system of five nerves that run from the baby's neck down to the arm and hand which control movement and sensation. This can happen when doctors or midwives push too hard on the head of a newborn during birth particularly if the child is in the breech position. It can also happen when a medical professional uses excessive force with vacuum extractors or forceps, pulling the neck of the newborn. Erb's claims for palsy can help families recover compensation to cover the cost of treatment. The majority of these cases are settled outside of court, avoiding lengthy trial procedures. How do I file an Erb's palsy claim? If your child has been diagnosed with the condition Erb's palsy you could be entitled to compensation from the medical professionals involved in their child's birth. A legal claim can aid in the payment of the medical care of your child, necessary adaptive equipment, therapy, and education in the future. Erb's palsy is a condition that occurs when the tendons or nerves of your child's shoulders are stretched or damaged during delivery or labor. This injury can result from a variety of factors, such as a lengthy, complex labor, an induction, a larger or breech infant, or complications after the birth of a previous baby. Your legal team will collect evidence from medical records and other sources, to support your claim when you bring a lawsuit against Erb's Palsy. They will then try to negotiate a settlement agreement with the defendants in the case. In the event of a settlement, both sides will receive a payout and the case will come to an end. If a settlement is not reached, the case may be heard in court. The jury will consider both sides and determine if they were at fault for the injury suffered by your child. What is erb's palsy lawsuit long beach of Limitations in Erb's Palsy Cases? You can receive compensation that can change your life no matter whether your child's brachial-plexus was paralysed due to an Erb's Palsy injury or any other type of birth injury. Your lawyer can pursue the health professionals who caused the child's injury and be held accountable for their medical negligence. Doctors and nurses are required to maintain the highest standards of care when delivering babies. They can cause injuries if they don't. If your child has suffered an injury to the Erb's palsy the injury could have been prevented. An experienced lawyer can conduct an extensive investigation and find evidence of the negligence. They can also bargain with the at-fault party's attorneys to avoid a trial and obtain compensation as quickly as possible. In the event of a settlement, it can help cover the costs of your child's medical treatment, rehabilitation, essential adaptive equipment, and therapy costs. Compensation may also cover lost wages if a family member has to take time off to care for your child. The time period for filing a lawsuit or the time limit for filing lawsuits, differs by state. What should I look for in an Erb's Palsy lawyer? A successful Erb's Palsy claim requires an attorney with the legal expertise to be aware of the medical issues that arise in these cases, as well as the determination to take on insurance companies who deny victims the compensation they are entitled to. Our Brooklyn Erb’s Palsy lawyers have both of these attributes, and will provide a thorough overview of the case for parents who suspect their child may have suffered a preventable birth injury. Erb's Palsy is an injury to the brachial plexus, which affects shoulders and upper arms. Most often, it's caused by a trauma during birth, and can lead to weakness or paralysis in one arm. The majority of infants suffering from this condition have trouble lifting their weight or crawling. This kind of birth injury usually occurs when breech or difficult deliveries. If a baby is stuck in the birthing canal, doctors must make use of force to pull it out. This could cause damage or strain the nerves of the child's neck. This type of birth trauma is known as shoulder dystocia and is the main cause of Erb's Palsy. It is also the most common cause of permanent paralysis in newborns. How Can Erb's Palsy Lawyers assist me? There are laws, called statutes, that limit how long families can file a lawsuit after an error in medicine causes an injury such as Erb's Palsy. A lawyer can assist you file a lawsuit against Erb's palsy even after the time limit has passed. Your attorney will work closely with you and your family to determine whether your child's injury is the result of medical negligence. They will seek out medical experts who will review the records of your child and provide their opinion. This is known as the establishment of the standard of care applicable to your particular situation. Erb's palsy is a form of brachial plexus ailment that affects the movements and sensory responses in your child's arm. The cause is an injury to the nerves within the brachial nerve during the birth. In cases of shoulder dystocia it is usually caused by medical staff using excessive pressure to deliver the baby. This can cause compression and stretch, or even tear neck nerves. Children with Erb’s palsy need regular rehabilitation and physiotherapy. They might also have to acquire adaptive equipment for their homes. The compensation awarded by court could help you and your family pay for these costs.