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Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit

Doctors can stretch or tear brachial plexus when they are not cautious during birth. This injury could be a result of medical negligence and may lead to Erb's palsy in newborns.

Compensation can assist families with medical bills and treatments. An Erb's palsy lawsuit may also be able to cover emotional trauma.

What is Erb's palsy?

In Erb's Palsy, the brachial plexus (a network of nerves located in the neck and arms) is damaged. As a result, the arm may be weak or inactive and the child may have difficulty using it. A physical therapist may help improve the condition. In certain cases surgical procedures can be done to help restore or replace damaged nerve fibers. Unfortunately, 20 percent of Erb's palsy children do not recover in any way.

Erb's palsy can be caused by medical professionals who pull or applies excessive force to the shoulders of the infant to help them to emerge from the birth canal. This is referred to as shoulder dystocia and it can happen during any birth but is most common when a child is larger than average or born in a breech position.

Doctors must be aware of the risk factors and follow specific protocols when delivering babies to avoid these complications. This is known as the standard of care. Infractions to this standard can result in serious injuries to both mother and child.

If your child has suffered an injury to the brachial area, an Erb's palsy lawyer can assist you in filing a lawsuit for monetary compensation. This money can be used to pay for your child’s treatment and increase the quality of their life.

How do I file a suit?

Erb's palsy is among the most common birth injuries that result from medical negligence. The condition causes damage to the brachial system of nerves that are located in the neck of the baby and shoulders. The condition can result in significant physical and financial burdens for your family. It is advisable to speak with an Long Island Erb’s palsy attorney to determine the totality and cost of your child's injuries.

Medical professionals are trained to spot shoulder dystocia risk factors during labor and delivery and should be able stop these injuries. A medical doctor or another professional can cause Erb's Palsy in the event that they do not realize the delivery is becoming complicated and take unnecessary measures to remove the baby. This could lead to pulling on a nerve.

A doctor could also trigger Erb's Palsy by not performing the Cesarean Section when it is obvious that your child is difficult to deliver vaginally. If you believe that medical malpractice is the reason for your child's Erb palsy, you must seek out an Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will help determine the cost for the future of your child's treatment and calculate your potential compensation amount. Most cases are settled via settlements, which provide faster and more comprehensive financial compensation than going to trial.

What happens during a lawsuit?

Your family can claim compensation in the event of medical negligence that led to your child's Erb palsy. This can be used to pay for future therapy, treatment as well as other costs that are associated with your child's nerve injury.

An Erb's palsy lawsuit is a medical malpractice claim. Your lawyer will go through the birth records of your child and determine if a doctor was in a negligent manner during the delivery process. They may also request experts from the medical field to testify on the cause of the injury and how it occurred.

In many cases, Erb's paralysis is the result of a medical professional pulling the baby too hard to assist with the birth. This can cause traction injuries to the brachial plexus. This is a frequent issue during shoulder dystocia. the baby's shoulders are entangled in the birth canal and could cause excessive downward pressure on the head of a woman's neck, shoulders or neck.

Once your lawyer has collected the evidence they require after which they file your lawsuit against the defendants. The defendants then have around 30 days to respond. The next step is discovery, where your lawyer and the legal team of the defendant will collect additional evidence to support their respective positions. This can include expert reports, depositions from witnesses and other documents. Based on the outcomes of the investigation, your case could settle out of court or go to trial.

What amount can I anticipate to receive in a lawsuit?

Each case is unique There is no standard amount for settlement. Our legal team will fight hard to secure you an acceptable settlement. We take into consideration all of your expenses including treatment costs, and lost income. Additionally, we can help you prepare for any tax implications that might apply to your settlement.

If properly treated, a number of cases of Erb's palsy could have been avoided. We will review your case for free to determine whether there are grounds to file a suit.

Many birth injuries are the result of medical negligence, which means that the nurse or doctor made an error that negatively impacted the health of your child. These errors can include improper use of forceps and vacuum devices, or attempting to deliver a baby who has an unusual size or position in the womb and shoulder dystocia during delivery. Most of the time, the cause for shoulder dystocia is due excessive pulling or stretching of the infant's head and shoulders during a prolonged or difficult delivery. Medical experts are aware of these risks and suggest they be avoided. If your child suffered an injury due to medical negligence during labor and delivery, contact us to get an evaluation of your case for free.