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How to File an Erb's Palsy Claim Medical malpractice occurs when doctors fail to meet their duty of care and cause injury or worsening an existing condition. Erb's cases of palsy are not different. If a claim is successful, it can be a way to compensate families for their child's avoidable brachial plexus injury. It can also provide an emotional sense of closure to the entire family. What is an Erb's Palsy Claim? Erb's palsy is a birth injury that can leave young people with weakness in either or both arms. The condition can also affect their ability to walk, hold objects in their hands, and use their fingers. Young people may have to undergo physiotherapy or surgical procedures in order to improve their mobility. This happens when the neck of the infant or shoulders are stretched beyond the normal during difficult births. It can result in nerve injury to the brachialplexus. This is an essential nerve system that connects the baby's head down to his arm and hand. It can be caused by midwives or doctors pulling too hard on the head during the delivery, especially when a child is in an breech position. It can also happen when a medical professional uses excessive force using vacuum extractors or forceps, stretching the neck of the newborn. Families can recover compensation for the cost of treatment by filing Erb's-Palsy claims. Many of these cases settle outside of court, avoiding long trial processes. How do I File an Erb's Palsy Claim? You may be eligible for compensation if your child was diagnosed with Erb’s palsy by the medical experts involved in their birth. You can make a legal claim to pay for your child’s medical care and adaptive equipment, therapy and future education. Erb's syndrome is caused by the nerves and tendons in the shoulder of your child are stretched or damaged during labor or delivery. This injury can result from a variety of factors, such as a lengthy, complex labor or delivery, an induction, large or breech baby or complications after an earlier birth. Your legal team will gather evidence from medical records, and other sources, to prove your claim when you file a lawsuit for Erb's Palsy. erb's palsy lawsuit jackson will then attempt to negotiate a settlement agreement with the defendants in the case. In a settlement, both sides will receive a cash settlement and the case will be closed. If a settlement is not possible your case will be sent to trial. The jury will be able to hear both sides' arguments before deciding who is responsible for your child's injury. What is the Statute of Limitations in Erb's Palsy Cases? You could be awarded compensation that will change your life, no matter whether your child's brachial-plexus is paralysed due to an injury from Erb's Palsy or another birth injury. Your lawyer will hold health care professionals accountable for their negligence in causing the injury to your child. Doctors and nurses are required to ensure the highest level of care when giving birth to babies. They could cause injuries if they fail to do so. It is possible to prevent Erb's palsy in your child. A skilled lawyer can conduct an extensive investigation and discover evidence of negligent actions. They can also directly negotiate with the attorneys of the party responsible to avoid a court trial and receive compensation as quickly as they can. Compensation may cover the cost of your child's medical treatment, therapy as well as adaptive equipment and rehabilitation. Compensation can also cover lost wages if you or another family member had to leave work to care for your child. 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? A successful Erb's Palsy claim requires a lawyer with the legal expertise to understand the medical issues involved in these cases and the determination to challenge insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy attorneys have both of these qualities and will provide a thorough overview of the case in the event that families suspect their child has suffered an avoidable birth injury. Erb's Palsy is a kind 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 affected by this condition are unable to lift their body weight or even crawling. This type of birth injury happens usually during difficult or breech delivery. When a baby gets stuck in the birth canal medical professionals must exert force to free them and cause damage or stretching of the nerves in the neck of the child. This type of birth trauma, also known as shoulder dystocia, is the most common cause of Erb's syndrome. It is also the most common cause of permanent paralysis among newborns. How Can Erb's Palsy Lawyers assist me? There are laws in place that are known as statutes of limitations, that restrict how long families can pursue legal action when a medical error results in an injury like Erb's palsy. An attorney can help you file a lawsuit for Erb's Palsy, even if the statute of limitations has expired. Your lawyer will work closely with you and your family to determine if your child's injuries are the result of negligence on the part of a medical professional. They will employ medical professionals who will evaluate the medical records of your child and offer their opinion. This is called setting the standard of care for your situation. Erb's Palsy is a type of brachial-plexus syndrome. It affects your child's movement and sensory responses. This condition is caused by an injury to nerves in the brachial plexus during birth. It is often due to medical staff using excessive force to deliver the baby in cases of shoulder dystocia which can cause swelling, stretch or tear nerves in the neck. Children suffering from Erb's palsy require constant rehabilitation and physiotherapy. They may also require get adaptive equipment for their homes. The compensation awarded by a court will help your family to pay for these expenses.