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How to File an Erb's Palsy Claim Medical malpractice is when doctors fail to perform their obligations to patients which results in injuries or the worsening of an existing condition. Erb's cases of palsy are not different. Families may be able to receive compensation for an injury to the brachial plexus that could have been avoided. It also can bring feelings of closure for the family. What is an Erb's palsy Claim? Erb's palsy is a birth defect that can leave young people with weakness in either or both arms. erb's palsy law firm syracuse can also affect how they move around, use their fingers and hold objects in their hands. Often, a young person may require physical therapy and other surgical procedures to improve their mobility. The condition occurs when the neck and shoulders are strained over and above what they should be during births that are difficult. It could cause nerve damage to the brachial plexus which is a network of five nerves primary that connect the baby's neck down to the hand and arm that control movement and feel. This can happen when midwives or doctors pull too hard on the head of a newborn during birth especially if the child is in the breech position. It could also happen when a medical professional uses forceps or a vacuum extractor and applies too much pressure, stretching the newborn's neck. Erb's palsy claims can assist families receive compensation to pay the cost of treatment. Most of these cases are settled out of court, avoiding lengthy trial proceedings. How do I file an Erb's Palsy claim? You may be entitled to compensation in the event that your child was diagnosed with Erb’s palsy by the medical experts involved in their birth. A legal claim can help you pay for the medical care of your child and adaptive equipment that is required for therapy, and education in the future. Erb's palsy is caused when the tendons and nerves in your child's shoulder become stretched or damaged during labor or delivery. This injury can result from a variety of factors, including a prolonged, complicated labor or induction, a larger or breech infant, or complications after an earlier birth. When you file an Erb's Palsy lawsuit the legal team will gather evidence from medical records and other sources to prove your claim. They will then try to reach a settlement with the defendants. In an agreement, both sides will be paid a sum and the case will come to an end. If a settlement is not possible your case will go to trial. The jury will hear 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 If your child's brachial-plexus was paralyzed as a result of an Erb's palsy injury or another birth injury, you could get legal justice and life-changing compensation. Your lawyer can seek to pursue the health care professionals responsible for your child's injury to make them accountable for their medical negligence. Nurses and doctors must maintain the highest level of care when giving birth to babies. They could cause injuries if they fail to follow. If your child suffered an Erb's palsy injury, it could have been avoided. A seasoned lawyer will be able conduct an exhaustive investigation to uncover evidence of negligence. They can also negotiate directly with the attorneys of the party responsible to avoid a court trial and get compensation as fast as they can. Compensation can cover the cost of your child's therapy, medical care and adaptive equipment as well as rehabilitation. Compensation can also be used to cover lost wages if someone in your family required time off from work to take care of your children. The time limit or deadline for filing lawsuits, differs by state. How Do I Choose an Erb's Palsy Lawyer? A successful Erb's Palsy claim requires an attorney with the legal expertise to understand the medical issues that arise in these cases, as well as the determination to challenge insurance companies who deny victims the compensation they deserve. Our Brooklyn Erb's Palsy lawyers possess both of these qualities and can offer a thorough case review for families who suspect that their child suffered a preventable birth injury. Erb's Palsy refers to an injury to the brachial plexus, which affects the upper and lower shoulders as well as the upper arms. It is typically resulted from trauma during delivery and can lead to weakness or even paralysis of one arm. Most infants affected by this condition are unable to lift their weight or even crawling. This type of birth injury usually occurs when breech or difficult deliveries. If a baby becomes stuck in the birth canal medical professionals must exert pressure to free them which can stretch or damage nerves that run through the neck of the infant. This kind of birth trauma, also referred to as shoulder dystocia, is the primary reason for Erb's palsy. 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 that are known as statutes of limitations which limit the length of time families are able to pursue legal action following a medical mistake that causes an injury similar to Erb's palsy. A lawyer can still assist you file a lawsuit for Erb's palsy even after the time limit has passed. Your attorney will work closely with you and your family to determine whether your child's injury is due to medical negligence. They will engage medical professionals to look over your child's medical records and provide their opinion. This is known as establishing the appropriate standard of care in your case. Erb's palsy is a form of brachial plexus ailment that affects the movements and sensory responses in your child's arm. This condition is caused by the brachialplexus's nerves are injured during the birth. It is usually caused by medical personnel applying excessive force to deliver the baby in cases of shoulder dystocia, which can cause swelling, stretch or tear the neck nerves. Children with Erb's Palsy require regular rehabilitation and physiotherapy. Additionally, they may require adaptive equipment for their homes. The compensation awarded by court can assist your family and you to pay these expenses.