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How to File an Erb's Palsy Claim Medical negligence occurs when doctors fail to fulfill their duty of care, resulting in injury or worsening an existing condition. Erb's palsy cases aren't different. Families can be compensated for an injury to the brachial nerve which could have been prevented. It can also provide an emotional sense of closure to the entire family. What is an Erb's palsy Claim? Erb's Palsy can cause children to lose strength in their arms. The condition can alter how they move, hold objects with their hand and use their fingers. erb's palsy law firm yonkers , a child is required to undergo physical therapy and other surgical procedures to improve their mobility. The condition occurs when the shoulders and neck are strained beyond what they are supposed to be during births that are difficult. It can cause nerve injury to the brachialplexus. This is a network of primary nerves which runs from the infant's head to the arm and hand. It could be caused by doctors or midwives pulling too hard on the head during the delivery particularly when a baby is in the in a breech position. It could also happen when medical professionals use forceps or a vacuum extractor, and applies excessive pressure, which causes stretching of the neck of the newborn. Families can recover compensation for the expense of treatment by filing Erb's palsy claims. The majority of these cases are settled outside of court, avoiding long trial processes. How Do I Filing an Erb's Palsy Claim? If your child was diagnosed with Erb's Palsy, you may be eligible for compensation from the medical professionals who were involved in the birth of your child. A legal claim can aid in the payment of your child's medical treatments and adaptive equipment that is required for therapy, and education in the future. Erb's Palsy occurs when the muscles or nerves in your child's shoulders are stretched or damaged during labor or delivery. The cause of this condition can be a number of factors, including a long or complex labor, an uninvolved labor, a big baby, a breech appearance, or complications resulting from a previous delivery. If you file an Erb's-Palsy lawsuit and have your legal team collect evidence from medical records and other sources to support your claim. Then, they will try to reach an agreement with the defendants. Both sides will be awarded a settlement, and the case will be closed. If a settlement is not possible, your case will go to trial. The jury will consider both sides and determine whether they were the ones responsible for the injury to your child. What is the Statute of Limitations in Erb's Palsy Cases? If your child's brachial nerve was paralysed as the result of an Erb's Palsy injury or another type of birth injury, you are able to claim legal recourse and life-changing compensation. Your lawyer can hold medical professionals accountable for their negligence in causing the injury to your child. Nurses and doctors are required to ensure the highest level of care during the birth of babies. They can cause injuries if they fail to do so. If your child has suffered an injury to the Erb's palsy it could have been prevented. A skilled lawyer can conduct a thorough investigation and find evidence of negligent actions. They can also negotiate directly with the lawyers of the party responsible to avoid a court trial and receive compensation as soon as they can. Compensation may cover the cost of your child's therapy, medical treatment, adaptive equipment and rehabilitation. Compensation may also cover lost earnings if you or a family member had to work to take care of your child. The time-limit, or deadline for filing a lawsuit, is different per state. How do I Select an Erb's Palsy Lawyer? A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to understand the medical aspects involved in these cases and determination to challenge insurance companies that deny victims the money they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and can provide a thorough case review for families who suspect their child suffered a birth injury that could have been prevented. Erb's Palsy is an injury to the brachial nerve that affects the upper and lower shoulders as well as the upper arms. It is typically caused by trauma during childbirth and can cause weakness or paralysis in one arm. The majority of infants suffering from the condition are unable to crawl or lift their weight. This type of birth injury typically occurs in breech births that are difficult or painful. If a baby is trapped in the birth canal medical professionals must use the force necessary to free them, which can stretch or damage the nerves in the neck of the child. This kind of birth trauma is referred to as shoulder dystocia and is the primary cause of Erb's Palsy. It is also the most frequent cause of permanent paralysis among newborns. How can Erb's Palsy Lawyers help me? There are laws in force known as statutes of limitations which limit the time families are allowed to file legal actions following a medical mistake that causes an injury like Erb's palsy. An attorney can help you file a lawsuit against Erb's Palsy, even if the time limit has passed. Your attorney will work with your family members to determine if the injury suffered by your child was due to medical negligence. They will hire medical professionals who will review the records of your child and provide their opinion. This is known as establishing the standards of care for your situation. Erb's Palsy is a type of brachial-plexus aplasia. It affects your child's movement and sensory responses. The cause is an injury to the nerves in the brachial plexus during birth. In cases of shoulder dystocia, it is usually caused by medical staff applying excessive pressure when delivering the baby. This can cause compression and stretch, or even tear neck nerves. Children with Erb’s palsy need constant rehabilitation and physiotherapy. They might also have to purchase adaptive equipment for their homes. The compensation a judge awards can help your family pay for these costs.