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How to File an Erb's Palsy Claim Medical malpractice is when a physician fails to provide taking care of you, leading to injury or an existing health condition that is getting worse. Erb's palsy cases are no different. Families can receive compensation for an injury to the brachial nerve that was preventable. It can also bring 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 affect how they move around, use their fingers and hold objects with their hands. A child may have to undergo physiotherapy or surgical procedures in order to improve their mobility. This condition occurs when the infant's neck or shoulders are stretched beyond what is normal during difficult births. It could cause nerve damage to the brachialplexus. This is a network of primary nerves that runs from the baby's head down to the arm and hand. This can happen when midwives or doctors apply too much pressure to the head of a newborn during birth, especially if the child is in the breech position. It could also occur when a medical professional applies too much force with forceps or vacuum extractors, pulling the neck of the newborn. Erb's palsy claims can help families obtain compensation to pay the costs of treatment. A majority of these cases settle out of court to avoid long trial processes. How do I file an Erb's palsy claim? You may be eligible for compensation when your child was diagnosed with the condition Erb's palsy by medical professionals involved in their birth. A legal claim can assist you in paying for your child's medical treatments and adaptive equipment that is required for therapy, and even future education. Erb's spalsy occurs when nerves or tendons of your child's shoulders are damaged or stretched during labor or delivery. The cause of this condition can be a number of causes, such as a long or complex labor, an uninvolved labor, a big baby, a breech appearance, or complications resulting from a previous birth. Your legal team will gather evidence from medical records, and other sources to back your claim when you make a claim for Erb's Palsy. They will then try to negotiate a settlement with the defendants in the case. In a settlement, both sides will receive a payment and the case will be closed. If a settlement cannot be reached, your case will be heard in court. The jury will be able to hear both sides' arguments and then decide who is responsible for the injuries your child sustained. What is the Statute of Limitations in Erb's Palsy Cases? If your child's brachial-plexus was paralysed as the result of an Erb's syndrome injury or another birth injury, you are able to claim legal recourse and life-changing compensation. Your lawyer can hold the medical professionals accountable for their negligence in causing your child's injury. Doctors and nurses are bound by an obligation to observe a high standard of care during the delivery. They could cause injuries if they fail to do so. If your child suffered an injury to the Erb's palsy it could have been prevented. erb's palsy law firm maryland will be able conduct an extensive investigation to uncover evidence of negligence. They may also be able to negotiate directly with the lawyers of the party responsible to avoid a trial and seek the compensation they can. Getting compensation can help cover the costs of your child's rehabilitation, medical care and equipment for adaptive use, and therapy expenses. Compensation can also be used to cover lost wages, if you or someone in your family required time off from work to take care of your children. The statute of limitations or the time limit for filing a lawsuit, is different per state. How do I choose an Erb's Palsy lawyer? To be successful in an Erb's Palsy case, you'll need a lawyer who has the legal expertise and tenacity required to take on insurance companies who refuse to compensate victims for the damages they are entitled to. Our Brooklyn Erb's Palsy attorneys possess both of these qualities and will provide a thorough overview of the case for families who suspect their child has suffered a preventable birth injury. Erb's Palsy is a kind of brachial plexus injury that affects the upper arms as well as shoulders. Most often, it's caused by a trauma in childbirth, and can cause weakness or paralysis in one arm. The majority of infants suffering from this condition are unable to lift their body weight or crawling. This kind of birth injury is seen most often in breech births that are difficult or difficult to deliver. When a baby is trapped in the birthing canal doctors have to employ force to get it out. This can harm or strain the nerves of the neck of the child. This kind of birth trauma is referred to as shoulder dystocia and is the primary cause of the Erb's condition. It is also the most frequent cause of permanent paralysis among newborns. How Can Erb's Palsy Lawyers help me? There are laws in force called statutes of limitation, that restrict how long families are able to pursue legal action following a medical mistake that causes an injury similar to Erb's palsy. However an attorney can help you file an Erb's palsy lawsuit even after this window has closed. Your attorney will work closely with your family to determine if your child's injuries are due to negligence in the medical field. They will hire medical professionals who will review the records of your child and provide their opinion. This is known as the establishment of the standard of care for your particular situation. Erb's Palsy is one type of brachial-plexus syndrome. It affects your child's movements and sensory responses. This condition is caused by an injury to the nerves within the brachial plexus at birth. When shoulder dystocia occurs, it is typically caused by the medical team using excessive pressure to deliver the baby. This may cause compression or stretch the neck nerves. Children suffering from Erb's palsy need continuous rehabilitation and physical therapy. Also, they may need adaptive equipment for their homes. The compensation awarded by the court could aid your family and you to pay these costs.