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How to File an Erb's Palsy Claim Medical negligence occurs when doctors fail to perform their duty of care, resulting in injury or worsening an existing condition. Erb's Palsy cases aren't any different. Families may be able to receive compensation for the injury to the brachial area which could have been prevented. It can also bring feelings of closure for the entire family. What is an Erb's Palsy Claim? Erb's Palsy can cause young people to lose strength in their arms. The condition can also affect how they walk, use their fingers and hold objects in their hands. Often, a young person will need to undergo physiotherapy or other surgical procedures to improve their mobility. This is a condition that occurs when the infant's neck or shoulders are stretched beyond what is normal during births that are difficult. It can cause nerve injuries to the brachialplexus. It is a network of primary nerves which runs from the infant's head down to his hand and arm. It could be caused by doctors or midwives pushing too hard on the head during the delivery or when a child is in an forward position. It could also occur when a medical professional uses too much force with vacuum extractors or forceps stretching the neck of the newborn. Families can seek compensation for the cost of treatment by filing Erb's palsy claims. Most of these cases are settled out of court, thus avoiding lengthy trial procedures. How do I file an Erb's palsy claim? You may be entitled to compensation when 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, therapy equipment, adaptive equipment as well as future education. Erb's palsy occurs when the nerves and tendons of the shoulder of your child become stretched or damaged during the birth or during labor. The cause of this condition can be several reasons, such as a lengthy or complex labor, an induced labor, a large baby, a breech presentation or complications from an earlier delivery. Your legal team will collect evidence from medical records and other sources, to prove your claim when you make a claim for Erb's Palsy. They will then attempt to negotiate a settlement with the defendants in the case. In a settlement, both sides will receive a payout and the case will end. If a settlement is not reached, the case may go to trial. The jury will be able to hear both sides' arguments and determine who was at fault for the child's injuries. What is erb's palsy law firm ogden of Limitations in Erb's Palsy Cases? You could be awarded compensation that will change your life, irrespective of whether your child's plexus brachial was affected by an injury caused by Erb's or any other type of birth injury. Your lawyer will hold health care professionals accountable for their negligence in causing the injury to your child. Nurses and doctors are required to adhere to an obligation to observe a high standard of care during the birth. If they fail to adhere to this, they can cause injuries. It is possible to prevent Erb's syndrome in your child. A seasoned lawyer can conduct an extensive investigation to identify evidence of negligence. They can also negotiate directly with the lawyers of the person responsible to avoid a court trial and obtain compensation as fast as they can. Getting compensation can help cover the cost of your child's medical and rehabilitation, essential adaptive equipment, and therapy costs. Compensation can also pay for lost wages if a family member has had to take time off work to care for your child. The time-limit or deadline for filing 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 understand the medical aspects involved in these cases and the determination to take on insurance companies that deny victims compensation they are entitled to. Our Brooklyn Erb's Palsy attorneys have both of these qualities, and can provide a thorough review of the case for families who suspect their child has suffered an avoidable birth injury. Erb's Palsy is an injury to the brachial nerve that affects upper arms and shoulders. It is usually resulted from trauma during delivery and can cause weakness or even paralysis of one arm. The majority of infants suffering from the condition have difficulty crawling or lifting their weight. This kind of birth injury typically occurs when breech or difficult deliveries. When a baby gets stuck in the birth canal medical professionals must exert force to free them and stretch or damage the nerves that run through the neck of the infant. This kind of birth trauma is referred to as shoulder dystocia and is the most common cause of Erb's Palsy. It is the leading cause of permanent paralysis in newborns. How Can Erb's Palsy Lawyers help me? There are laws in place, called statutes of limitations, that restrict how long families can pursue legal action after a medical mishap causes an injury like Erb's palsy. However, a lawyer can help you file an Erb's palsy lawsuit after this time has closed. Your lawyer will work with your family to determine if your child's injury was due to medical malpractice. They will hire medical professionals who will evaluate the records of your child and provide their opinion. This is called establishing the standards of care applicable to your case. Erb's Palsy is one type of brachial-plexus aplasia. It affects your child's movement and sensory responses. This is caused when the nerves of the brachialplexus are damaged during birth. In cases of shoulder dystocia, it is usually caused by the medical staff using excessive pressure to deliver the baby. This can cause compression or stretch the neck nerves. Children with Erb’s palsy need constant rehabilitation and physiotherapy. They may also require obtain adaptive equipment for their homes. The compensation awarded by a court can help your family to pay for these expenses.