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How to File an Erb's Palsy Claim Medical malpractice is when a physician is negligent in their duty of care to you, leading to injury or an existing condition worsening. Erb's cases aren't any different. Families can seek compensation for the injury to the brachial area that was preventable. It can also provide closure for the entire family. What is Erb's palsy claim? Erb's palsy is a birth defect that can cause young people to develop weakness in one or both arms. The condition can also affect the way they move around, use their fingers and hold objects in their hands. Often, a young person will require physical therapy and other surgical procedures to improve their mobility. The condition occurs when an infant's shoulders and neck are strained beyond what they should be during births that are difficult. It can cause nerve injuries to the brachialplexus, which is an area of primary nerves that connects the baby's head to the arm and hand. It could be caused by doctors or midwives pulling too hard on the head during the delivery and especially when the child is in the forward position. It can also occur when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, stretching the neck of the newborn. Erb's Palsy claims can help families recover compensation to cover the cost of treatment. A 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 Erb's palsy, you may be eligible for compensation from the medical professionals involved in their birth. A legal claim could help you pay for the medical care of your child and adaptive equipment that is required for therapy, and even future education. Erb's Palsy occurs when the tendons or nerves of your child's shoulders are stretched or damaged during delivery or labor. This injury can result from various factors, including a prolonged or complex labor, an birth-induced labor, a larger baby, a breech presentation or complications from a previous delivery. Your legal team will seek evidence from medical records and other sources, to prove your claim when you file a lawsuit for 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 parties will receive a payment and the case will end. If a settlement isn't feasible your case will be sent to trial. The jury will hear both sides' arguments before deciding the person responsible for the injury your child sustained. What is the Statute of Limitations for Erb's Palsy Cases You can get compensation that will change your life, irrespective of whether your child's brachial-plexus is paralysed due to an injury from Erb's Palsy or another birth injury. Your lawyer can sue the medical professionals responsible for the child's injury and be held accountable for their medical negligence. Doctors and nurses have the obligation to maintain an extremely high standard of care during the birth. They can cause injuries if they don't. If your child suffered an injury to the Erb's palsy it could have been avoided. An experienced lawyer can conduct an extensive investigation and uncover evidence of the negligence. They can also negotiate with the responsible party's attorneys to avoid a trial and receive compensation as soon as is possible. Compensation may cover the cost of your child's therapy, medical care or adaptive equipment, as well as rehabilitation. Compensation can also cover lost wages if you or one of your family members was forced to take time off from work to care for your children. The statute of limitation or deadline to file an action, is different for each 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 be aware of the medical aspects involved in these cases and tenacity to fight the insurance companies that deny victims compensation they deserve. Our Brooklyn Erb's Palsy lawyers have both of these qualities and are able to provide a thorough case evaluation for families that suspect their child may have suffered a birth injury that could have been prevented. Erb's spalsy is one of the types of brachial-plexus injury that affects the upper arms as well as shoulders. It is usually caused by trauma during birth and can lead to weakness or even paralysis of one arm. Most infants with this condition struggle to lift their body weight or even crawling. This kind of birth injury usually occurs in breech births that are difficult or painful. If a baby becomes stuck in the birth canal medical professionals must use the force necessary to free them and stretch or damage the nerves in the neck of the child. This kind of birth trauma is referred to as shoulder dystocia and is the primary cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis in newborns. How Do Erb's Palsy Lawyers Help Me? There are erb's palsy lawyer yorba linda , known as statutes that restrict the time families can file a lawsuit after an error in medicine results in an injury, such as Erb's palsy. An attorney can help you file a lawsuit against Erb's Palsy, even if the statute of limitations has run out. Your lawyer will work with your family members to determine if the injury suffered by your child resulted from medical malpractice. They will recruit medical experts to review the medical records of your child and give their opinion. This is referred to as establishing the standard of care in your situation. Erb's Palsy is one type of brachial-plexus aplasia. It affects your child's movements and sensory responses. This condition is caused by an injury to the nerves in the brachial plexus during the birth. It is typically caused by medical personnel applying excessive force to deliver the baby in cases of shoulder dystocia, which can cause swelling, stretch or tear neck nerves. Children with Erb's Palsy require regular rehabilitation and physiotherapy. Additionally, they may require adaptive equipment for their homes. The compensation awarded by a court could help your family with these costs.