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How to File an Erb's Palsy Claim Medical negligence occurs when a physician fails in their duty of treating you with care, resulting to injury or a condition getting worse. Erb's cases aren't any different. The filing of a successful claim could provide families with compensation for their child's preventable 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 defect that can cause young people to develop weakness in one or both arms. The condition can impact how they move, hold objects in their hands and move their fingers. Often, a young person will require physiotherapy or other surgical procedures to improve their mobility. The condition develops when the shoulders and neck are straining beyond what they are supposed to be during births that are difficult. It could result in nerve damage to the brachial-plexus the brachial plexus, a network of five primary nerves that extend from the neck of the baby down to the hand and arm that control movement and feel. This can happen when midwives or doctors are too firm on a child's head during delivery particularly if the child is in the breech position. It can also occur when a medical professional uses forceps or a vacuum extractor and applies excessive pressure, which causes stretching of the newborn's neck. Erb's palsy claims can assist families get compensation to cover the cost of treatment. The majority of these cases are settled out of court, avoiding lengthy trial proceedings. How do I Filing an Erb's Palsy Claim? You could be entitled to compensation If your child was identified with the condition Erb's palsy by medical professionals involved in their birth. A legal claim can aid in the payment of the medical care of your child as well as the necessary adaptive equipment therapy, and a future education. Erb's palsy is a condition that occurs when the muscles or nerves in your child's shoulders are damaged or stretched during labor or delivery. The cause of this injury can be many causes, such as a long or complicated labor, an uninvolved labor, a big baby, a breech presentation or complications that result from a previous birth. When you file an Erb's-Palsy lawsuit the legal team will gather evidence from medical records as well as other sources to support your claim. Then, they'll try to negotiate a settlement with the defendants. In an agreement, both sides will be paid a sum and the case will end. If a settlement isn't feasible your case will go to trial. erb's palsy lawyer cleveland will listen to both sides and decide whether they are at fault for the harm suffered by your child. What is the Statute of Limitations for Erb's Palsy Cases You could receive compensation that can change your life, regardless of the fact that your child's brachial plexus was affected by an injury to the Erb's palsy or another birth injury. Your lawyer can hold medical professionals accountable for their negligence in causing the injury to your child. Nurses and doctors are required to maintain a high level of care when delivering babies. If they do not adhere to this they may cause injuries. If your child has suffered an injury from Erb's Palsy the injury could have been avoided. An experienced lawyer will be able to conduct a thorough investigation in order to uncover 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 obtain compensation as soon as they can. The compensation you receive can help cover the costs of your child's medical and rehabilitation as well as the essential adaptive equipment and therapy costs. Compensation may also cover lost wages if you or another family member has to take time off work to care for your child. The statute of limitations or the deadline to file a lawsuit, is different per state. How do I Select an Erb's Palsy Lawyer? To win an Erb's Palsy case, you need an attorney with the legal expertise and tenacity necessary to fight insurance companies that refuse to pay the victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these skills and can provide a thorough review of the case for families who suspect that their child may have suffered a preventable birth injury. Erb's Palsy refers to an injury to the brachial plexus that affects the upper and lower shoulders as well as the upper arms. It is most often resulted from trauma during delivery and can result in weakness or even paralysis of one arm. Many infants suffering from this condition struggle to lift their body weight or crawling. This type of birth injury typically occurs in breech births that are difficult or painful. If a baby becomes stuck in the birth canal medical professionals need to apply the force necessary to free them and stretch or damage nerves in the neck of the child. This type of birth trauma is known as shoulder dystocia and is the primary cause of Erb's syndrome. It is the most common reason for permanent paralysis in newborns. How can Erb's Palsy Lawyers help me? There are laws, known as statutes that restrict the time a family is allowed to file a lawsuit if an error in medical care results in injury, like Erb's Palsy. However, a lawyer can help you file an Erb's-related lawsuit after this time is over. Your attorney will work closely with you and your family to determine if your child's injuries are the result of negligence on the part of a medical professional. They will hire medical professionals who will review your child's records and give their opinion. This is called establishing the standard of care that is applicable to your situation. Erb's Palsy is a kind of brachial plexus palsy that affects the movement and sensory response in your child's arm. This condition is caused when the brachialplexus' nerves are injured during birth. It is often caused by medical professionals applying excessive force to deliver the baby in cases of shoulder dystocia, which can cause swelling, stretch or tear neck nerves. Children with Erb's syndrome require regular rehabilitation and physiotherapy. They may also require adaptive equipment for their homes. The compensation awarded by the court can aid your family and you to pay these costs.