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How to File an Erb's Palsy Claim Medical malpractice occurs when doctors fail to fulfill their duties of care which results in injuries or the worsening of an existing condition. The cases involving Erb's palsy are no different. If a claim is successful, it can provide families with compensation for their child's preventable brachial plexus injury. It also can bring feelings of closure for the family. What is an Erb's Palsy Claim? Erb's Palsy can cause children to lose strength in their arms. The condition can also affect how they move, use their fingers and hold objects in 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 and shoulders are stretched beyond the normal in difficult births. It could cause nerve damage to the brachial nerve, a network of five nerves primary that extend from the neck of the baby down to the hand and arm which control movement and sensation. This happens when doctors or midwives pull too hard on the child's head during birth particularly if the child is in the breech position. It could also happen when medical professionals use forceps or a vacuum extractor and applies too much pressure, causing stretching of the neck of the newborn. Erb's palsy claims can help families get compensation to cover the costs of treatment. A majority of these cases settle out of court to avoid lengthy trial procedures. How do I file an Erb's Palsy claim? If your child was diagnosed with Erb's syndrome, you could be entitled to compensation from the medical professionals who were involved in their child's birth. A legal claim can aid in the payment of the medical care of your child as well as any adaptive equipment needed for therapy, and even future education. Erb's Palsy occurs when the muscles or nerves in your child's shoulders are stretched or damaged during delivery or labor. erb's palsy law firm ontario could result from several reasons, such as a lengthy or difficult labor, uninvolved labor, a big baby, breech presentation, or complications from an earlier birth. Your legal team will gather evidence from medical records, and other sources, to back your claim when you bring a lawsuit against Erb's Palsy. They will then attempt to reach a deal with the defendants in the case. Both sides will be awarded a settlement and the case will be closed. If a settlement is not possible the case will go to trial. The jury will hear both sides and decide whether they are at fault for the injury to your child. What is the Statute of Limitations in Erb's Palsy Cases? You can receive compensation that will change your life, regardless of whether your child's plexus brachial was crippled due to an injury from Erb's Palsy or another birth injury. Your lawyer can pursue the health care professionals responsible for your child's injury to make them accountable for their medical negligence. Nurses and doctors are required to adhere to an obligation to observe an extremely high standard of care during delivery. They could cause injuries if they fail to follow. If your child sustained an injury to the Erb's palsy, it could have been avoided. An experienced lawyer will be able to conduct a thorough investigation in order to find evidence of negligence. They can also directly negotiate with the attorneys of the party at fault to avoid a trial and get the compensation 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 pay for lost wages if you or a family member had to take time off to care for your child. The statute of limitations, or deadline for filing lawsuits, differs by state. What should I look for in an Erb's Palsy lawyer? A successful Erb's Palsy claim requires an attorney who has the legal knowledge to comprehend the medical issues involved in these cases as well as the determination to fight insurance companies that deny victims the money they deserve. Our Brooklyn Erb's Palsy lawyers have both of these qualities and are able to provide a thorough review of the case for families that suspect their child may have suffered a birth injury that could have been prevented. Erb's Palsy is a kind of brachial-plexus injury that affects the upper arms and shoulders. It is typically caused by trauma during childbirth, and can cause weakness or paralysis in one arm. Most infants with the condition have trouble crawling or lifting their weight. This type of birth injury is most often when a breech or difficult birth occurs. If a baby becomes stuck in the birth canal doctors must employ force to get it out. This can harm or stretch the nerves in the neck of the baby. This type of birth trauma is known as shoulder dystocia and is the leading cause of Erb's syndrome. It is also the most frequent cause of permanent paralysis in newborns. What can Erb's Palsy Lawyers Help Me? There are laws, called statutes which limit the time a family can file a lawsuit after a medical mistake causes an injury such as Erb's palsy. An attorney can help you file a lawsuit against Erb's psoriasis even if the statute of limitations has run out. Your lawyer will work closely with you and your family to determine if your child's injury is the result of negligence in the medical field. They will engage medical professionals to look over your child's medical records and provide their opinion. This is called the establishment of the standard of care that applies to your situation. Erb's palsy is a type of brachial plexus palsy that affects the movement and sensory responses in your child's arm. This condition is caused when the nerves of the brachialplexus are injured during birth. In cases of shoulder dystocia, it is usually caused by the medical team applying excessive pressure to deliver the baby. This may cause compression and stretch or tear the neck nerves. Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They may also require acquire adaptive equipment for their home. The compensation awarded by court can assist your family and you pay these costs.