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How to File an Erb's Palsy Claim Medical malpractice is when doctors fail to meet their duty of care and cause injuries or worsening of an existing condition. Erb's palsy cases are no different. If a claim is successful, it can award families compensation for their child's recurrable brachial plexus injury. It can also bring feelings of closure for the entire family. What is an Erb's Palsy Claim? Erb's palsy is a birth injury that can cause young people to develop weakening in one or both arms. The condition can also affect how they walk, use their hands and hold objects in their hands. A child may have to undergo physiotherapy or other surgical procedures to improve their mobility. erb's palsy law firm port st lucie can occur when the baby's neck or shoulders are stretched beyond the normal during difficult births. It can cause nerve injury to the brachialplexus. It is an area of primary nerves which runs from the infant's head to his hand and arm. It can be caused by doctors or midwives pushing too hard on the head during a birth and especially when the child is in an forward position. It can also happen when a medical professional uses excessive force using forceps or vacuum extractors, pushing the neck of the newborn. Erb's Palsy claims can help families receive compensation to pay the cost of treatment. 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 file a legal claim to pay for your child's medical care or therapy equipment, adaptive equipment and education in the future. 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 several causes, such as a long or complex labor, an birth-induced labor, a larger baby, a breech appearance, or complications that result from a previous birth. If you file an Erb's-Palsy lawsuit, your legal team will collect evidence from medical records and other sources to back your claim. They will then try to reach a settlement with the defendants in the case. Both sides will be awarded a settlement, and the case will be closed. If a settlement isn't possible your case will be sent to trial. The jury will examine both sides and decide if they were at fault for the harm to your child. What is the Statute of Limitations for Erb's Palsy Cases If your child's brachial nerve was paralysed as the result of an Erb's injury or another birth injury, you are able to obtain legal justice and life-changing compensation. Your lawyer can pursue the health care professionals responsible for your child's injury to ensure that they are held accountable for their medical negligence. Doctors and nurses have a duty to adhere to a high standard of care during the delivery. If they fail to adhere to this they may cause injuries. It is possible to prevent Erb's Palsy in your child. An experienced lawyer will be able to conduct a thorough investigation in order to identify evidence of negligence. They may also be able to negotiate directly with the lawyers of the party who is at fault to avoid a court trial and receive compensation as fast as they can. Getting compensation can help cover the costs of your child's medical and rehabilitation and essential adaptive equipment and therapy expenses. Compensation may also help cover the loss of wages if you or one of your family members was forced to take time off from work to care for your children. The time-limit or the deadline to file a lawsuit, varies by state. How Do I Choose an Erb's Palsy Lawyer? A successful Erb's Palsy claim requires an attorney who has the legal knowledge to be aware of the medical issues involved in these cases as well as the determination to fight insurance companies who deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy attorneys possess both of these attributes, and can provide a thorough evaluation of the case for families who suspect their child has suffered an avoidable birth injury. Erb's Palsy refers to an injury to the brachial muscle that affects upper arms and shoulders. It is typically caused by a trauma during birth, and can lead to weakness or paralysis in one arm. Many infants suffering from this condition have trouble lifting their body weight or crawling. This type of birth injury is usually in breech births that are difficult or difficult to deliver. If a baby becomes stuck in the birth canal medical professionals have to exert the force necessary to free them and strain or harm the nerves in the child's neck. This type of birth trauma is referred to as shoulder dystocia, and is the leading 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 force called statutes of limitation which limit how long families are able to pursue legal action after a medical error causes an injury similar to Erb's palsy. However, a lawyer can help to file an Erb's psy lawsuit even after this window has passed. Your attorney will work with your family to determine if your child's injury resulted from medical malpractice. They will employ medical professionals who will look over the records of your child and provide their opinion. This is called the establishment of the standard of care for your particular situation. Erb's spalsy is one type of brachial plexus syndrome that affects the movements and sensory responses in your child's arm. The cause is an injury to the nerves in the brachial nerve during birth. In cases of shoulder dystocia it is usually caused by the medical team using excessive pressure when delivering the baby. This can compress or stretch the neck nerves. Children with Erb's Palsy require continuous rehabilitation and physiotherapy. They also may need to acquire adaptive equipment for their homes. The compensation that is awarded by the court could aid you and your family pay for these costs.