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How to File an Erb's Palsy Claim Medical malpractice is when doctors fail to fulfill their duties of care which results in injuries or the worsening of an existing condition. Erb's cases aren't any different. Families may be able to receive compensation for the injury to the brachial area that was preventable. It can also bring closure for the family. What is an Erb's Palsy Claim? Erb's Palsy can cause young people to lose strength in their arms. The condition can also affect their ability to walk, hold objects in their hands and use their fingers. A person in their early years may need to undergo physiotherapy or surgical procedures in order to improve their mobility. The condition can occur when the shoulders and neck are straining over and above what they should be during births that are difficult. It could result in nerve damage to the brachial area which is a system of five primary nerves that are located from the neck of the infant down to the hand and arm controlling movement and sensation. It could be caused by midwives or doctors pushing too hard on the head during a birth particularly when a baby is in an in a breech position. It can also occur when medical professionals use forceps or a vacuum extractor, and applies too much pressure, stretching the newborn's neck. Erb's palsy claims can assist families obtain compensation to pay the cost of treatment. A majority of these cases settle out of court to avoid lengthy trial procedures. How Do I Filing an Erb's Palsy Claim? If your child was diagnosed with Erb's Palsy, you could be entitled compensation from the medical professionals involved in the birth of your child. You can file a legal claim to pay for your child's medical treatment or adaptive equipment, therapy and future education. Erb's palsy is caused when the tendons and nerves of your child's shoulder are stretched or damaged during the birth or during labor. erb's palsy law firm fremont can result from a variety of factors, including a long, complicated labor, an induction, a large or breech baby, or complications after a previous birth. Your legal team will gather evidence from medical records and other sources, to support your claim when you file a lawsuit for Erb's Palsy. They will then try to reach a deal with the defendants in the case. Both sides will receive a settlement, and the case will be closed. If a settlement is not reached, your case could be heard in court. The jury will listen to both sides and decide whether they are at fault for the harm to your child. What is the Statute of Limitations for Erb's Palsy Cases You could receive compensation that will alter your life, irrespective of whether your child's brachial-plexus was paralysed due to an injury from Erb's Palsy or another birth injury. Your lawyer can hold the health professionals responsible for their negligence in causing the injury to your child. Nurses and doctors must maintain a high level of care when giving birth to babies. They can cause injuries if they fail to do so. If your child has suffered an injury from Erb's Palsy the injury could have been prevented. An experienced 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 obtain compensation as soon as they can. Getting compensation can help cover the cost of your child's rehabilitation, medical care, essential adaptive equipment, and therapy costs. Compensation can also be used to pay for lost wages if you or a family member had to leave work to care for your child. The statute of limitations or deadline to file a lawsuit, differs by state. How do I select an Erb's Palsy lawyer? To win an Erb's Palsy case, you need a lawyer who has the legal expertise and tenacity required to battle 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 offer a thorough case review for families who suspect that their child may have suffered a preventable birth injury. Erb's Palsy is a traumatic injury to the brachial nerve that affects upper arms and shoulders. Most often, it's caused by a trauma during childbirth, and can cause weakness or paralysis in one arm. The majority of infants suffering from this condition are unable to lift their weight or crawling. This kind of birth injury happens typically during difficult or breech delivery. If a baby is trapped in the birth canal, medical professionals must use force to free them which may cause damage or stretching of the nerves in the child's neck. This kind of birth trauma, also known as shoulder dystocia is the primary cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis in newborns. How Can Erb's Palsy Lawyers Help Me? There are laws in place that are known as statutes of limitations which limit how long families can pursue legal action when a medical error results in an injury such as Erb's Palsy. However an attorney can help you file an Erb's-related lawsuit after this time has expired. Your lawyer will work closely with your family to determine whether your child's injury is the result of negligence in the medical field. They will employ medical professionals who will examine the medical records of your child and offer their opinion. This is known as establishing the appropriate standard of care for your situation. Erb's palsy is a form of brachial-plexus palsy. It affects your child's movement and sensory responses. This is caused when the nerves of the brachialplexus are injured during the birth. In cases of shoulder dystocia, it is typically caused by the medical team using excessive pressure when delivering the baby. This may cause compression or stretch the neck nerves. Children with Erb's palsy require regular rehabilitation and physiotherapy. They also may require adaptive equipment for their homes. The compensation that is awarded by the court can assist your family and you to pay the costs.