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

Doctors may stretch or tear brachial muscles if they're not attentive during the delivery. This injury can result from medical malpractice and may cause Erb's palsy in newborns.

Compensation can assist families with medical bills as well as for treatment. An Erb's palsy lawsuit may also help with emotional trauma.

What is Erb’s palsy?

In the case of Erb's paralysis, a nerve network in the arms and neck (the brachial plexus) is damaged. The result is that the arm might be weak or inactive, and the child may be unable to use it. A physical therapist might be able to assist in improving the condition. In some cases surgical procedures can be done to repair or replace the affected nerve fibers. Unfortunately 20 percent of erb's palsy attorney palsy children do not recover in any way.

A medical professional can cause an Erb's palsy injury during a difficult delivery when he or her uses excessive force or pulls on the baby's shoulders to assist them emerge from the birth canal. This is known as shoulder dystocia. It can happen at any time during a delivery. However, it is more common when the infant is larger than the average or is born with a breech birth.

To prevent complications Doctors must be aware of risk factors and adhere to certain guidelines when they deliver the baby. This is called the standard of care. Infractions to this standard can result in serious injuries to mother and child.

If your child has suffered from an injury to the brachial area An attorney from Erb's Palsy can help you file an action to recover financial compensation. The money will be used to pay for your child’s treatment and increase the quality of his or her life.

How do I start a lawsuit?

Erb's palsy is a very common birth injury caused by medical negligence. This condition damages the brachial plexus network of nerves situated in the neck of the baby and shoulders. The condition can cause significant financial and physical burdens for your family. You should consult a Long Island Erb’s palsy attorney to determine the extent and cost of your child's injuries.

Medical professionals are trained to spot the risk factors for shoulder dystocia during labor and birth, and are able to prevent these injuries from occurring. Sometimes a doctor or other medical professional could trigger an injury called Erb's Palsy due to the fact that they don't know that the delivery process is getting more complicated and make unnecessary steps to pull the baby out of the womb which can result in pulling too much on nerves.

A doctor could also cause an Erb's palsy nerve injury because they do not decide to perform an Cesarean section when it is evident that your child is likely to be difficult to deliver vaginally. If you believe that your child's Erb's Palsy was the result of medical malpractice and you want to work with an Long Island Erb's Palsy Lawyer to bring a lawsuit against the responsible parties. Your attorney will help determine the costs that will be incurred by your child's treatment, and calculate your potential compensation amount. Settlements are the most common way to settle cases. They provide more comprehensive financial compensation and quicker than going to trial.

What happens in a lawsuit?

If your child's Erb's paralysis was the result of negligence in the medical field or negligence, your family should be compensated. This can be used to pay for future therapy, treatment and other expenses that come along with the nerve damage your child suffered.

An Erb's palsy lawsuit is a type of medical malpractice claim. The lawyer will go over the birth records of your child to determine if there was negligence on the part of a doctor during delivery. They may also use medical experts to present evidence on your child's injury and the causes.

In many instances, Erb's palsy is the result of a medical professional pulling the baby too hard to assist with the birth. This can lead to injury to the brachialplexus. This is a common problem during shoulder dystocia, where the baby's shoulders get stuck in the birth canal and can lead to excessive downward pressure on the head of a woman's and neck or shoulders.

After your lawyer has gathered the necessary evidence and documents, they will file your lawsuit against the defendants. The defendants then have 30 days to respond. The next step is the discovery phase, in which your lawyer as well as the legal team of the defendant collect additional evidence to support their arguments. This may include expert reports, depositions from witnesses and other documents. Based on the outcome of the discovery, your case will likely settle out of court, or go to trial.

What is the maximum amount I can anticipate to receive in a lawsuit?

There isn't a standard settlement amount, as every case is unique. Our legal team will fight hard to secure you a fair settlement. We consider your expenses, which include treatment costs and any loss of income. We also assist in preparing you for any tax that might apply to your settlement.

Many cases of Erb's Palsy could have been avoided with proper care. We will look into your case at no cost to determine whether there are grounds to file a suit.

Many birth injuries result from medical negligence, which means that the doctor or nurse committed an error that negatively affected your child's health. These errors can include improper use of forceps or vacuum devices, attempting to deliver a baby who has an unusual size or position in the womb, and shoulder dystocia when delivering. Most often, the reason for shoulder dystocia is due to excessive pulling or stretching of the infant's shoulders and head during a lengthy or difficult delivery. These risks are well-known by medical experts and should be avoided. Contact us for a complimentary evaluation of your case when you suspect that medical negligence caused an injury to your child during labor and delivery.