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How to File an Erb's Palsy Claim Medical negligence is when doctors fail to fulfill their duties of care which results in injury or worsening an existing condition. Erb's cases aren't any different. Filing a successful claim can be a way to compensate families for their child's brachial plexus injury. It also provides peace for the family. What is an Erb's Palsy Claim? Erb's palsy is a birth injury that can cause young people to develop weakening in one or both arms. The condition can also affect the way they walk, use their fingers and hold objects in their hands. Often, a young person will need to undergo physiotherapy or other surgical procedures to improve their mobility. The condition can occur when an infant's shoulders and neck are stretched beyond what they should be during difficult births. It could cause nerve damage to the brachialplexus. It is an essential nerve system that runs from the baby's head down to his arm and hand. It could be caused by doctors or midwives pulling too hard on the head during a birth and especially when the child is in the Breech position. It could also occur when a medical professional applies too much force using vacuum extractors or forceps, stretching the neck of a newborn. Families can recover compensation for the costs of treatment by filing Erb's-Palsy claims. Many of these cases settle outside of court, avoiding lengthy trial proceedings. How Do I Do I File an Erb's 'Palsy Claim? If your child has been diagnosed with Erb's palsy, you could be entitled compensation from the medical professionals involved in their birth. You can make a legal claim to cover your child's medical care or adaptive equipment, therapy and education in the future. Erb's Palsy happens when the muscles or nerves in your child's shoulders are stretched or damaged during delivery or labor. The injury could be caused by a variety of factors, including lengthy, complex labor or induction, a large or breech baby or complications after previous births. When you file an Erb's palsy lawsuit the legal team will collect evidence from medical records and other sources to support your claim. Then, they will try to reach a settlement with the defendants. Both sides will receive an agreement, and the case will be closed. If a settlement is not reached, your case may be brought to trial. erb's palsy attorneys huntington beach will consider both sides' arguments before deciding the person responsible for your child's injury. What is the Statute of Limitations for Erb's Palsy Cases If your child's brachial-plexus was paralyzed as a result of an Erb's Palsy injury or another type of birth injury, you could obtain legal justice and life-changing compensation. The lawyer you hire can sue health care professionals responsible for your child's injury to be held accountable for their medical negligence. Doctors and nurses have the obligation to maintain an extremely high standard of care during the process of giving birth. They can cause injuries if they do not. It is possible to prevent Erb's palsy in your child. An experienced lawyer can conduct a thorough investigation and uncover evidence of the negligence. They can also work directly with the lawyers of the party responsible to avoid a trial and receive compensation as fast as they can. Getting compensation can help cover the cost of your child's medical treatment, rehabilitation and essential adaptive equipment and therapy costs. Compensation can also compensate for lost wages if a family member needed to take time off from work to care for your children. The time period for filing a lawsuit, or deadline for filing lawsuits, is different for each state. How do I pick an Erb's Palsy lawyer? To win an Erb's Palsy case, you need an attorney with the legal knowledge and determination required to take on insurance companies that refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and are able to provide a thorough case evaluation for families that suspect their child may have suffered a preventable birth injury. Erb's palsy is a type of brachial plexus injury that affects the upper arms as well as shoulders. It is typically caused by a trauma in birth, and can lead to weakness or paralysis in one arm. Many infants suffering from this condition have trouble lifting their body weight or crawling. This type of birth injury occurs typically during difficult or breech delivery. If a baby becomes stuck in the birth canal, medical professionals must use pressure to free them, which can strain or harm the nerves in the neck of the child. This kind of birth trauma, also referred to as shoulder dystocia, is the primary cause of Erb's Palsy. It is also the most frequent cause of permanent paralysis in newborns. What can Erb's Palsy Lawyers assist me? There are laws, called statutes that restrict the time a family can file a lawsuit when an error in medicine can cause an injury like Erb's palsy. A lawyer can assist you file a lawsuit for Erb's psoriasis even if the statute of limitations has run out. Your lawyer will work with your family to determine if your child's injury was the result of medical malpractice. They will engage medical professionals who will review your child's records and give their opinion. This is called establishing the standards of care that is applicable to your particular situation. Erb's palsy is a form of brachial plexus syndrome that affects the movements and sensory responses in your child's arm. The condition occurs when the nerves of the brachialplexus are injured during birth. In cases of shoulder dystocia it is usually caused by the medical team using excessive pressure when delivering the baby. This may compress, stretch or tear the neck nerves. Children with Erb’s palsy need ongoing rehabilitation and physiotherapy. Also, they may need adaptive equipment for their homes. The compensation awarded by the court can help your family and you pay these costs.