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How to File an Erb's Palsy Claim Medical malpractice occurs when a doctor is negligent in their duty of care to you, leading to injury or a condition becoming worse. Erb's palsy cases aren't different. The filing of a successful claim could be a way to compensate families for their child's brachial plexus injury. It also provides closure for the family. What is an Erb's palsy Claim? Erb's palsy is a birth defect that can cause young people to develop weakening in one or both arms. The condition can also affect the way they walk, use their fingers and hold objects with their hands. Most often, a child is required to undergo physical therapy as well as undergo other surgical procedures to improve their mobility. The condition can occur when the shoulders and neck are stretched beyond what they should be in difficult births. It can cause nerve injuries to the brachialplexus, the primary nerve network which runs from the infant's head to his arm and hand. This happens when doctors or midwives pull too hard on the child's head during birth especially 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, stretching the neck of the newborn. Families can seek compensation for the costs of treatment by filing Erb's Palsy claims. Most of these cases are settled outside of court, which avoids lengthy trial procedures. How do I file an Erb's Palsy claim? If your child has been diagnosed with the condition Erb's palsy you may be entitled to compensation from the medical professionals involved in their birth. A legal claim could assist you in paying for your child's medical care, necessary adaptive equipment, therapy, and even future education. Erb's palsy occurs when the tendons and nerves of the shoulder of your child become stretched or damaged during the birth or during labor. This injury can be caused by a number factors, such as a prolonged, complicated labor or an 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 support your claim. They will then attempt to negotiate a settlement agreement with the defendants in the case. In the event of a settlement, both parties will be paid a sum and the case will end. If a settlement isn't possible your case will go to trial. The jury will listen to both sides' arguments and decide who is responsible for your child's injury. What is the Statute of Limitations for Erb's Palsy Cases You can get compensation that will alter your life, irrespective of whether your child's brachial-plexus is disabled due to an Erb's Palsy injury or another birth injury. Your lawyer can hold health professionals responsible for their negligence in causing the injury to your child. Nurses and doctors are required to adhere to an obligation to observe the highest standards of medical care during the delivery. They could cause injuries if they fail to do so. It is possible to stop Erb's Palsy in your child. A skilled lawyer can conduct an extensive investigation and uncover evidence of negligence. They can also negotiate directly with the lawyers of the party who is at fault to avoid a trial and obtain compensation as quickly as they can. Compensation can be used to cover the cost of your child's therapy, medical treatment as well as adaptive equipment and rehabilitation. Compensation may also cover lost earnings if you or a family member had to leave to care for your child. The time limit or the deadline to file lawsuits, differs by state. How do I choose an Erb's Palsy lawyer? A successful Erb's Palsy claim requires a lawyer who has the legal knowledge to understand the medical issues involved in these cases, as well as the determination to take on insurance companies that deny victims compensation they deserve. Our Brooklyn Erb’s Palsy attorneys have both of these qualities and will provide a thorough overview of the case in the event that families suspect their child has suffered a preventable birth injury. Erb's Palsy is a kind of brachial plexus injury that affects the upper arms and shoulders. It is typically caused by a birth trauma and can lead to weakness or even paralysis of one arm. Many infants who suffer from the condition have difficulty crawling or lifting their weight. This type of birth injury usually occurs in breech births that are difficult or painful. If a baby becomes stuck in the birth canal medical professionals must use force to help them out which may strain or harm the nerves in the child's neck. This kind of birth trauma is referred to as shoulder dystocia and is the main cause of Erb's palsy. It is also the most common cause of permanent paralysis in newborns. How can Erb' erb's palsy attorneys oklahoma city help me? There are laws in force that are known as statutes of limitations which limit the time families are able to pursue legal action after a medical error causes an injury such as Erb's Palsy. However, a lawyer can help to file an Erb's psy lawsuit even after the time limit has expired. Your lawyer will work with your family to determine if the injury suffered by your child resulted from medical malpractice. They will engage medical professionals who will examine your child's records and give their opinion. This is referred to as establishing the appropriate standard of care for your situation. Erb's Palsy is a type of brachial plexus palsy. It affects your child's movement and sensory responses. This condition is caused by an injury to the nerves of the brachial plexus during the birth. In cases of shoulder dystocia, it is typically caused by the medical team using excessive pressure to deliver the baby. This can compress and stretch or tear the neck nerves. Children suffering from Erb's palsy need ongoing rehabilitation and physiotherapy. They also may need to get adaptive equipment for their home. The compensation a judge awards will help your family pay for these costs.