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How to File an Erb's Palsy Claim Medical malpractice is when a physician does not perform their duty of taking care of you, leading to injury or an existing health condition that is getting worse. Erb's palsy cases aren't any different. Families can seek compensation for an injury to the brachial plexus which could have been prevented. It also can provide closure for the entire family. What is Erb's Palsy Claim? Erb's Palsy can cause children to lose strength in their arms. The condition can affect how they move, hold objects with their hands, and use their fingers. Often, a young person may require physical therapy and other surgical procedures to improve their mobility. This is a condition that occurs when the baby's neck or shoulders are stretched beyond the normal during difficult births. It could result in nerve damage to the brachial area which is a network of five nerves primary that are located from the neck of the infant down to the hand and arm, managing movement and feeling. This happens when doctors or midwives pull too hard on the head of a newborn during birth, especially if the child is in the breech position. It can also occur when a medical professional uses forceps or a vacuum extractor, and applies too much pressure, stretching the neck of the newborn. Erb's claims for palsy can help families recover compensation to cover the cost of treatment. A majority of these cases settle outside of court, avoiding lengthy trial proceedings. How do erb's palsy attorney victorville File an Erb's Claim? If your child was diagnosed with Erb's palsy, you may be entitled to compensation from the medical professionals who were involved in their child's birth. You can make a claim to pay for the medical treatment of your child and adaptive equipment, therapy and future education. Erb's palsy is a condition that occurs when the muscles or nerves of your child's shoulders are damaged or stretched during delivery or labor. This injury can be caused by a variety of factors, such as a lengthy, complex labor, an induction, a large or breech baby or complications after the birth of a previous baby. Your legal team will gather evidence from medical records and other sources to back your claim when you file a lawsuit for Erb's Palsy. Then, they'll attempt to reach a settlement with the defendants. In an agreement, both sides will receive a payment and the case will come to an end. If a settlement is not reached, your case will be brought to trial. The jury will consider both sides and determine whether they are at fault for the harm to your child. What is the Statute of Limitations for Erb's Palsy Cases You could be awarded compensation that can change your life, regardless of whether your child's plexus brachial was paralysed due to an Erb's Palsy injury or any other type of birth injury. Your lawyer can seek to pursue the health care professionals responsible for the injury of your child to be held accountable for their medical negligence. Doctors and nurses must maintain the highest standards of care during the birth of babies. They could cause injuries if they don't. If your child sustained an injury referred to as Erb's-Palsy, it could have been avoided. A skilled lawyer can conduct a thorough investigation and discover evidence of negligent actions. They can also negotiate with the responsible party's attorneys to avoid a trial and obtain the maximum amount of compensation as quickly as is possible. Getting compensation can help cover the costs of your child's medical treatment, rehabilitation and essential adaptive equipment and therapy costs. Compensation can also compensate for lost wages if your family member was forced to take time off from work to take care of your children. The time period for filing a lawsuit or the time limit for filing lawsuits, is different for each state. How do I select an Erb's Palsy lawyer? A successful Erb's Palsy claim requires an attorney who has the legal knowledge to comprehend the medical issues that arise in these cases and the tenacity to fight the insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these attributes and can provide 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 is an injury to the brachial plexus that affects the upper and lower shoulders as well as the upper arms. It is typically caused by trauma during birth and can result in weakness or even paralysis of one arm. Most infants affected by this condition are unable to lift their body weight or even crawling. This kind of birth injury happens most often in breech births that are difficult or difficult to deliver. If a baby is stuck in the birthing canal, doctors will apply force to push it out. This can damage or stretch the nerves in the neck of the child. This type of birth trauma, also referred to as shoulder dystocia, is the primary cause of Erb's Palsy. It is the most prevalent cause of permanent paralysis for newborns. How Can Erb's Palsy Lawyers help me? There are laws, known as statutes which limit the time families can file a lawsuit after an error in medical care can cause an injury like Erb's Palsy. A lawyer can still assist you file a lawsuit for Erb's Palsy even if the statute of limitations has expired. Your lawyer will work closely with your family to determine whether your child's injury is due to medical negligence. They will hire medical professionals who will examine the records of your child and provide their opinion. This is known as the establishment of the standard of care applicable to your case. Erb's palsy is a form of brachial palsy that affects the sensory and movement in your child's arm. This is caused when the nerves of the brachialplexus are damaged during birth. In cases of shoulder dystocia it is typically caused by the medical team using excessive pressure to deliver the baby. This may compress, stretch or tear the neck nerves. Children with Erb's syndrome require continuous rehabilitation and physical therapy. Also, they may need adaptive equipment for their homes. Compensation awarded by a court can help your family to pay for these expenses.