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How to File an Erb's Palsy Claim Medical malpractice happens when a doctor does not perform their duty of care for you, leading to injury or an existing health condition that is getting worse. Erb's cases aren't any different. Filing a successful claim can award families compensation for their child's brachial plexus injury. It also provides peace for the family. What is Erb's Palsy Claim? Erb's palsy is a birth injury that can leave young people with weakening in one or both arms. The condition can also affect how they move around, use their fingers and hold objects with their hands. A young person will require physical therapy and other surgical procedures to improve their mobility. The condition occurs when the neck and shoulders are strained beyond what they are supposed to be during difficult births. It could cause nerve damage to the brachialplexus, which is an area of primary nerves that connects the baby's head to his arm and hand. It could be caused by doctors or midwives pulling too hard on the head during the delivery particularly when a baby is in an Breech position. It could also occur when a medical professional uses too much force using vacuum extractors or forceps stretching the neck of a newborn. Erb's palsy claims can help families get 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 was diagnosed with Erb's syndrome, you may be entitled to compensation from the medical professionals involved in the birth of your child. You can use a legal claim to pay for your child's medical treatment or therapy equipment, adaptive equipment and future education. Erb's palsy is caused when the tendons and nerves of the shoulder of your child become stretched or damaged during labor or delivery. This injury can be caused by several factors, including a prolonged, complicated labor, an induction, a larger or breech infant, or complications after the birth of a previous baby. If you file an Erb's-Palsy lawsuit, your legal team will collect evidence from medical records as well as other sources to support your claim. They will then try to reach an agreement with the defendants. Both sides will receive a settlement, and the case will be closed. If a settlement cannot be reached, your case may go to trial. The jury will examine both sides and decide whether they are at fault for the injury suffered by your child. What is the Statute of Limitations in Erb's Palsy Cases? You can get an amount of money that can transform your life, no matter the fact that your child's brachial plexus was affected by an injury from Erb's Palsy or another birth injury. Your lawyer can sue the medical professionals responsible for the injury of your child to ensure that they are held accountable for their medical negligence. Doctors and nurses are bound by an obligation to observe an extremely high standard of care during the delivery. If they fail to adhere to this they could cause injuries. If erb's palsy lawsuit winston salem suffered an injury from Erb's Palsy the injury could have been prevented. A skilled lawyer can conduct a thorough investigation and uncover evidence of negligent actions. They can also work directly with the attorneys of the party at fault to avoid a court trial and get the compensation they can. Compensation may cover the cost of your child's therapy, medical treatment or adaptive equipment, as well as rehabilitation. Compensation can also compensate for lost earnings if you or your family member required time off from work to take care of your children. The time period for filing a lawsuit or the deadline to file lawsuits, differs by state. How do I choose an Erb's Palsy Lawyer? A successful Erb's Palsy claim requires a lawyer with the legal expertise to know the medical issues involved in these cases and tenacity to fight the insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb’s Palsy lawyers have both of these qualities and can provide a thorough evaluation of the case for parents who suspect their child suffered a reversible birth injury. Erb's Palsy is a traumatic injury to the brachial plexus that affects the shoulders and upper arms. It is typically caused by a trauma in childbirth and can cause weakness or paralysis in one arm. Many infants who suffer from the condition struggle to crawl or lift their weight. This kind of birth injury occurs typically in breech births that are difficult or difficult to deliver. If a baby becomes stuck in the birth canal, medical professionals need to apply force to free them which can stretch or damage the nerves of the neck of the child. This type of birth trauma is referred to as shoulder dystocia, and is the most common 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 in place that are known as statutes of limitations which limit the time families are able to pursue legal action following a medical mistake that causes an injury such as Erb's Palsy. A lawyer can still help you file a lawsuit for Erb's Palsy, even if the statute of limitations has run out. Your attorney will work closely with your family to determine whether your child's injuries are due to negligence in the medical field. They will recruit medical experts to look over the medical records of your child and give their opinion. This is known as establishing the applicable standards of care in your situation. Erb's palsy is a type of brachial plexus syndrome that affects the movement and sensory response in your child's arm. This condition is caused when the nerves of the brachialplexus are injured during birth. It is usually caused by medical professionals applying excessive force to deliver the baby in cases of shoulder dystocia, which can cause compression, stretch, or tear the neck nerves. Children with Erb's syndrome require continuous rehabilitation and physical therapy. Also, they may need adaptive equipment for their homes. The compensation awarded by a court could help your family pay for these costs.