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How to File an Erb's Palsy Claim Medical malpractice happens when a doctor is negligent in their duty of taking care of you, leading to injury or an existing condition worsening. Erb's palsy cases aren't any different. Families can be compensated for a brachial plexus injury which could have been prevented. It can also provide feelings of closure for the entire family. What is an Erb's Palsy Claim? Erb's Palsy can cause children to lose strength in their arms. The condition can also impact how they move, hold objects with their hand and use their fingers. Often, a young person is required to undergo physical therapy and other surgical procedures to improve their mobility. erb's palsy attorney berkeley develops when an infant's shoulders and neck are strained beyond what they are supposed to be in difficult births. It can result in nerve injury to the brachialplexus, an area of primary nerves which runs from the infant's head to his arm and hand. It can be caused by midwives or doctors pushing too hard on the head during the delivery, especially when a child is in the in a breech position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies too much pressure, causing stretching of the newborn's neck. Families may be able to recover compensation for the expense of treatment by filing Erb's Palsy claims. Most of these cases are settled outside of court, thus avoiding long trial processes. How do I file an Erb's palsy claim? You may be entitled to compensation when your child was diagnosed with Erb’s palsy by the medical experts involved in their birth. A legal claim could aid in the payment of your child's medical care, necessary adaptive equipment, therapy, and a future education. Erb's Palsy is a condition that occurs when the nerves and tendons of your child's shoulder become stretched or damaged during the birth or during labor. The injury could result from various causes, such as a long or difficult labor, induced labor, a large baby, breech presentation or complications from an earlier delivery. If you file an Erb's Palsy lawsuit the legal team will collect evidence from medical records and other sources to back your claim. They will then try to reach a settlement with the defendants in the case. In the event of a settlement, both parties will receive a payout and the case will end. If a settlement is not possible, your case will go to trial. The jury will hear both sides' arguments before deciding the person responsible for the child's injuries. What is the Statute of Limitations in Erb's Palsy Cases? You could be awarded 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 seek to pursue the medical professionals responsible for your child's injury to make them accountable for their medical negligence. Nurses and doctors are required to maintain a high level of care when giving birth to babies. If they fail to do so they could inflict injuries. If your child suffered an Erb's palsy injury it could have been avoided. A seasoned lawyer will be able conduct an extensive investigation to uncover evidence of negligence. They can also directly negotiate with the attorneys of the party responsible to avoid a court trial and get compensation as soon as they can. The compensation you receive can help cover the cost of your child's medical and rehabilitation as well as the essential adaptive equipment and therapy expenses. Compensation can also pay for lost wages if you or another family member has had to take time off work to take care of your child. The statute of limitations or the time limit for filing lawsuits, differs by state. How Do I Choose an Erb's Palsy Lawyer? To win an Erb's Palsy case, you require an attorney with 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 qualities and can offer a thorough case review for families who suspect that their child may have suffered a birth injury that could have been prevented. Erb's Palsy refers to an injury to the brachial muscle that affects upper arms and shoulders. It is typically caused by a trauma in childbirth and can cause weakness or paralysis in one arm. Most infants with this condition have trouble lifting their body weight or even crawling. This kind of birth injury typically occurs during difficult or breech deliveries. If a baby becomes stuck in the birth canal doctors will apply force to push it out. This can harm or stretch the nerves of the neck of the child. This kind of birth trauma is known as shoulder dystocia, and is the main cause of Erb's palsy. It is the most prevalent cause for permanent paralysis of newborns. What can Erb's Palsy Lawyers help me? There are laws in force known as statutes of limitations which limit the time families can pursue legal action following a medical mistake that causes an injury, such as Erb's paralysis. However, a lawyer can help to file an Erb's psy lawsuit after this time is over. Your lawyer will work closely with your family to determine whether your child's injury is caused by medical negligence. They will employ medical professionals to review the medical records of your child and give their opinion. This is known as establishing the standards of care in your situation. Erb's Palsy is a type of brachial plexus palsy. It affects your child's movements and sensory responses. The condition occurs when the brachialplexus's nerves are injured during the birth. It is most often caused by medical staff using excessive force to deliver the baby in cases of shoulder dystocia which can compress, stretch or tear neck nerves. Children with Erb's syndrome require continuous rehabilitation and physiotherapy. They also may need to purchase adaptive equipment for their homes. Compensation granted by a court could help your family with these costs.