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How to File an Erb's Palsy Claim Medical malpractice is when a physician fails to provide care for you, leading to injury or a condition worsening. Erb's Palsy cases are not any different. Families can seek compensation for the injury to the brachial area that was preventable. It can also provide the feeling of 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 also affect their ability to move, hold objects with their hands and move their fingers. Most often, a child may require physical therapy as well as undergo other surgical procedures to improve their mobility. The condition is caused when an infant's shoulders and neck are strained over and above what they should be during difficult births. It can result in nerve damage to the brachial nerve the brachial plexus, a network comprised of five nerves which are located from the neck of the infant down to the arm and hand that control movement and feel. It could be caused by doctors or midwives pulling too hard on the head during the delivery particularly when a baby is in the Breech position. It could also happen when a medical professional uses forceps or a vacuum extractor, and applies excessive pressure, stretching the newborn's neck. Erb's claims for palsy can help families receive compensation to pay the cost of treatment. A majority of these cases settle outside of court, avoiding lengthy trial proceedings. How Do I 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 claim to cover your child’s medical care and adaptive equipment, therapy and education in the future. Erb's Palsy happens when the tendons or nerves of your child's shoulders are damaged or stretched during delivery or labor. The injury could result from several reasons, such as a lengthy or complicated labor, an induced labor, a large baby, breech presentation or complications from a previous birth. Your legal team will collect evidence from medical records and other sources, to support your claim when you file a lawsuit for Erb's Palsy. Then, they will try to reach a settlement with the defendants. In a settlement, 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 examine both sides and decide if they were at fault for the harm suffered by your child. What is the Statute of Limitations for Erb's Palsy Cases Whether your child's brachial plexus was paralyzed as a result of an Erb's palsy 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 the injury of your child to hold them accountable for their medical negligence. Nurses and doctors must maintain an excellent level of care when delivering babies. If they fail to adhere to this, they can cause injuries. If your child has suffered an injury referred to as Erb's-Palsy the injury could have been avoided. A seasoned lawyer can conduct a thorough investigation in order to discover evidence of negligence. They can also negotiate directly with the attorneys of the person responsible to avoid a court trial and obtain compensation as quickly as they can. Compensation can cover the cost of your child's medical therapy, therapy, adaptive equipment and rehabilitation. Compensation can also pay for lost wages if you or another family member has had to take time off work to take care of your child. The time-limit or the deadline to file a lawsuit, is different per state. How do I Select an Erb's Palsy Lawyer? A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to understand the medical aspects involved in these cases and the determination to fight insurance companies who deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can provide a thorough review of the case for families that suspect their child suffered a birth injury that could have been prevented. Erb's Palsy is a kind of brachial-plexus injury that affects the upper arms and shoulders. Most often, it is caused by a trauma in birth, and can lead to weakness or paralysis in one arm. The majority of infants affected have trouble crawling or lifting their weight. This kind of birth injury happens usually during difficult or breech delivery. When a baby is trapped in the birth canal doctors must make use of force to pull it out. This can damage or stretch the nerves of the neck of the child. erb's palsy attorney jackson of birth trauma, also referred to as shoulder dystocia, is the main cause of Erb’s palsy. It is also the most common cause of permanent paralysis among newborns. How Can Erb's Palsy Lawyers assist me? There are laws in force, called statutes of limitations which limit the time families can pursue legal action following a medical mistake that causes an injury like Erb's palsy. However an attorney can assist you file an Erb's-related lawsuit even if this time frame has expired. Your lawyer will work with your family members to determine if the injury of your child was due to medical negligence. They will recruit medical experts to review your child's medical records and offer their opinion. This is known as the establishment of the standard of care that is applicable to your particular situation. Erb's palsy is a form of brachial plexus syndrome that affects the sensory and movement in your child's arm. The cause is an injury to the nerves within the brachial plexus at birth. When shoulder dystocia occurs, it is usually caused by medical staff applying excessive pressure to deliver the baby. This can cause compression and stretch, or even tear neck nerves. Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They may also require purchase adaptive equipment for their homes. Compensation awarded by a court will help your family with these costs.

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