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How to File an Erb's Palsy Claim Medical malpractice occurs when a doctor does not perform their duty of care to you, leading to injury or a condition getting worse. Erb's palsy cases aren't different. Families can seek compensation for a brachial plexus injury that was preventable. It also can provide peace 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. The condition can also affect how they move, use their fingers and hold objects with their hands. A child may have to undergo physiotherapy or other surgical procedures in order to improve their mobility. This condition occurs when the baby's neck or shoulders are stretched beyond the normal during births that are difficult. erb's palsy law firm baytown can cause nerve damage to the brachial-plexus, a network of five nerves primary that extend from the neck of the baby down to the arm and hand controlling movement and sensation. This happens when doctors or midwives pull too hard on a child's head during delivery especially if the child is in the breech position. It can also happen when a medical professional uses excessive force with vacuum extractors or forceps stretching the neck of the newborn. Families may be able to recover compensation for the expense of treatment by filing Erb's Psy claims. Many of these cases are settled outside of court, avoiding lengthy trial proceedings. How do I Filing 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 could assist you in paying for your child's medical treatments, necessary adaptive equipment, therapy, and even future education. Erb's Palsy is a condition that occurs when the nerves and tendons in the shoulder of your child become stretched or damaged during labor or delivery. The injury could result from a variety of reasons, including a prolonged, complicated labor, an induction, a large or breech baby or complications after an earlier birth. Your legal team will seek evidence from medical records, and other sources, to prove your claim when you file a lawsuit for Erb's Palsy. They will then attempt to negotiate a settlement agreement with the defendants in the case. In a settlement, both sides will be paid a sum and the case will be closed. If a settlement is not reached, your case could be heard in court. The jury will listen to both sides' arguments before deciding who is responsible for the child's injuries. What is the Statute of Limitations for Erb's Palsy Cases You could receive compensation that can change your life, irrespective of whether your child's brachial-plexus is crippled due to an injury to the Erb's palsy or any other type of birth injury. The lawyer you hire can sue medical professionals responsible for the injury of your child to be held accountable for their medical negligence. Nurses and doctors are required to adhere to the obligation to maintain the highest standards of medical care during the delivery. If they fail to do so, they can cause injuries. It is possible to prevent Erb's Palsy in your child. An experienced lawyer can conduct an extensive investigation and find evidence of negligence. They can also bargain with the at-fault party's attorneys to avoid a trial and obtain the compensation as quickly as they can. Getting compensation can help cover the costs of your child's rehabilitation, medical treatment as well as the essential adaptive equipment and therapy costs. Compensation can also be used to pay for lost wages if you or another family member had to miss to care for your child. The statute of limitation or deadline to file a lawsuit, differs by state. How do I choose an Erb's Palsy lawyer? To win an Erb's Palsy case, you'll need an attorney with the legal knowledge and determination required to battle insurance companies who refuse to pay victims the compensation they are entitled to. Our Brooklyn Erb's Palsy attorneys possess both of these attributes, and will provide a thorough overview of the case for parents who suspect their child suffered a reversible birth injury. Erb's Palsy is an injury to the brachial plexus, which affects the shoulders and upper arms. It is typically caused by a trauma during birth, and can lead to weakness or paralysis in one arm. Most infants affected by this condition struggle to lift their body weight or even crawling. This kind of birth injury usually occurs when breech or difficult deliveries. If a baby becomes stuck in the birth canal medical professionals must use pressure to free them and stretch or damage the nerves of the neck of the child. This type of birth trauma, also referred to as shoulder dystocia, is the most common reason for Erb's palsy. It is the leading reason for permanent paralysis in newborns. How can Erb's Palsy Lawyers Help Me? There are laws in force called statutes of limitation, that restrict how long families are allowed to file legal actions after a medical mishap causes an injury like Erb's palsy. However an attorney can assist you file an Erb's Palsy lawsuit even after the time limit has passed. Your lawyer will work with your family members to determine if the injury suffered by your child was the result of medical negligence. They will engage medical professionals to review the medical records of your child and offer their opinion. This is known as establishing the standard of care that is applicable to your situation. Erb's palsy is a form of brachial-plexus syndrome. It affects your child's movements and sensory responses. This condition is caused by an injury to the nerves of the brachial nerve during birth. It is often caused by medical professionals using excessive force to deliver the baby in cases of shoulder dystocia which can cause swelling, stretch or tear neck nerves. Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They might also have to get adaptive equipment for their homes. The compensation that is awarded by the court could aid your family and you to pay the costs.