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How to File an Erb's Palsy Claim Medical malpractice happens when a doctor is negligent in their duty of care to you, leading to injury or a condition worsening. Erb's cases of palsy are not different. Families can receive compensation for the injury to the brachial area which could have been prevented. It also can bring a sense of closure for the entire family. What is an 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 walk, use their hands and hold objects in their hands. Most often, a child is required to undergo physical therapy as well as undergo other surgical procedures to improve their mobility. The condition can occur when the shoulders and neck are stretched beyond what they are supposed to be during difficult births. It can result in nerve damage to the brachial plexus which is a system comprised of five nerves which are located from the neck of the infant down to the hand and arm controlling movement and sensation. It can be caused by midwives or doctors pulling too hard on the head during a birth, especially when a child is in a Breech position. It can also happen when a medical professional uses too much force with forceps or vacuum extractors, pushing the neck of the newborn. Erb's palsy claims can assist families recover compensation to cover the cost of treatment. Most of these cases are settled out of court, avoiding lengthy trial proceedings. How do I Filing an Erb's Palsy Claim? You may be eligible for compensation if your child was diagnosed with the condition by the medical experts involved in their birth. You can use a legal claim to pay for your child's medical treatment as well as adaptive equipment, therapy and education in the future. Erb's palsy is caused when the tendons and nerves of the shoulder of your child are stretched or damaged during labor or delivery. This injury can result from a number of reasons, such as a lengthy or complicated labor, an inducing labor, a large baby, breech presentation or complications from a previous birth. If you file an Erb's-Palsy lawsuit the legal team will gather evidence from medical records and other sources to support your claim. They will then try to negotiate a settlement with the defendants. In the event of a settlement, both sides will be paid a sum and the case will be closed. If a settlement cannot be reached, the case may be brought to trial. The jury will listen to both sides and decide whether they were the ones responsible for the harm suffered by your child. What is the Statute of Limitations in Erb's Palsy Cases? If your child's brachial-plexus was paralyzed as a result of an Erb's syndrome injury or another type of birth injury, you could get legal justice and life-changing compensation. The lawyer you hire can sue health professionals who caused your child's injuries to hold them accountable for their medical negligence. Nurses and doctors are required to ensure a high level of care during the birth of babies. They could cause injuries if they fail to do so. It is possible to stop Erb's Palsy in your child. erb's palsy law firm lexington can conduct a thorough investigation and uncover evidence of negligence. They can also negotiate directly with the attorneys of the party who is at fault to avoid a court trial and obtain compensation as fast as they can. Compensation can be used to cover the cost of your child's therapy, medical care or adaptive equipment, as well as rehabilitation. Compensation can also compensate for lost earnings if you or your family member was forced to take time off from work to care for your children. The statute of limitation or the time limit to file a lawsuit, differs by state. How Do I Choose an Erb's Palsy Lawyer? To be successful in an Erb's Palsy case, you require a lawyer who has the legal knowledge and determination required to take on insurance companies who refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these attributes, and can provide a thorough evaluation of the case for families who suspect that their child may have suffered a preventable birth injury. Erb's palsy is a form of brachial plexus injuries that affects the upper arms and shoulders. It is typically result of a trauma that occurs during childbirth, and can cause weakness or paralysis in one arm. Most infants with the condition are unable to crawl or lift their weight. This kind of birth injury is usually in breech births that are difficult or difficult to deliver. When a baby is trapped in the birthing canal doctors will apply force to push it out. This can cause damage or stretch the nerves in the neck of the child. This type of birth trauma is known as shoulder dystocia, and is the main cause of Erb's palsy. It is the most prevalent cause of permanent paralysis in newborns. How Can Erb's Palsy Lawyers Help Me? There are laws, called statutes which limit the time a family is allowed to file a lawsuit if an medical error can cause an injury like Erb's palsy. However an attorney can assist you file an Erb's Palsy lawsuit even if this time frame is over. Your lawyer will work with your family to determine if your child's injury resulted from medical malpractice. They will hire medical professionals to evaluate your child's medical records and provide their opinion. This is known as establishing the relevant standard of care for your case. Erb's palsy is a form of brachial plexus palsy that affects the sensory and movement in your child's arm. The cause is an injury to the nerves within the brachial plexus at the birth. It is typically caused by medical professionals using excessive force to deliver the baby in cases of shoulder dystocia, which can result in compression, stretching, or tear the neck nerves. Children with Erb's Palsy require ongoing rehabilitation and physiotherapy. They also may require adaptive equipment for their homes. The compensation that is awarded by the court could aid you and your family cover these costs.