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

Doctors may stretch or tear brachial plexus if not careful during the birth. This injury can be the result of medical malpractice, and can lead to Erb's palsy in infants.

Compensation can help families pay for medical bills and treatment. 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 that runs through the neck and arms) is damaged. The arm may become weak or inactive, and the child may be unable to use it. A physical therapist may help improve the condition. In certain cases, surgery can be performed to help restore or replace damaged nerve fibers. Unfortunately 20 percent of Erb's palsy children are not able to recover in any way.

A medical professional can cause an Erb's Palsy injury during a difficult delivery in the event that he or she employs excessive force or pulls on the baby's shoulders to help the baby emerge from the birth canal. This is called shoulder dystocia. It can happen in any birth. However, it is more frequent when the baby is larger than average or born to the breech position.

Doctors must be aware the risk factors and follow specific guidelines when giving birth to prevent such complications. This is known as the standard of care. Failure to follow this standard could lead to severe injuries to both mother and child.

A lawyer from Erb's Palsy can assist you in filing an action for an amount of money when your child has suffered a brachial-plexus injury. This money can pay for your child's treatment and give him or her an improved quality of life.

How do I start a lawsuit?

Erb's Palsy is a common type of birth injury that is caused by medical negligence. The condition causes damage to the brachial plexus, Erb's palsy lawyer a network of nerves that are located in the neck of the baby and shoulders. The condition can cause significant financial and physical burdens for your family. It is important to collaborate with a Long Island Erb's palsy lawyer to determine the extent of your child's injuries as well as the costs associated with them.

Medical professionals are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able to prevent these injuries. A physician or other medical professional can trigger Erb's Palsy if they fail to recognize that the delivery is becoming more complicated and take unnecessary measures to help the baby get out. This could lead to pulling on a nerve.

A doctor could also cause an injury to the nerve of Erb's Palsy since they may not choose to perform a Cesarean section when it is clear that your child is likely to be difficult to deliver vaginally. If you believe your child's Erb's Palsy was a result of medical malpractice it is recommended that you work with a Long Island erb's palsy claim Palsy Lawyer to file a claim against the responsible parties. Your attorney will help determine the future cost of your child's treatment and calculate your possible compensation amount. Settlements are the most commonly used way to settle cases. They provide a greater financial settlement and are faster than a trial.

What happens if you are sued?

Your family is entitled to compensation if medical negligence led to your child's Erb palsy. This can help cover the cost of future treatment or therapy as well as other costs that are related to your child's neuro damage.

An Erb's palsy suit is a kind of medical malpractice claim. The lawyer will go over the birth records of your child to determine if there was negligence by the doctor during the birth. They can also engage medical experts to give testimony on the injuries your child sustained and the underlying causes.

In many cases, Erb's palsy is caused by a medical professional pulling the baby too hard to assist in the birth. This can result in injury to the brachialplexus. This is a common problem in shoulder dystocia. The baby's shoulders can become stuck in a woman's birth canal, causing excessive downward pressure.

After your lawyer has gathered all the evidence necessary to prove their case, they will file an action against the defendants. The defendants will then have about 30 days to respond. The next step is the discovery process, where both your lawyer and the defendant's legal team will gather additional evidence to support their sides of the case. This may include expert reports or depositions of witnesses, as well as other documents. Your case may settle out of court or go to trial depending on the outcome of your discovery.

How much should I expect to receive in a lawsuit?

There is no standard settlement amount, as every case is unique. However, the aim of our legal team is to secure an amount that is fair to you. We will consider your expenses, which include the cost of treatment and any loss of income. Additionally, we will assist you in preparing any taxes that could apply to your settlement.

If properly treated, a number of cases of Erb’s palsy would be prevented. This is why we'd like to examine your case free to determine if we are able to file a lawsuit.

Many birth injuries are the result of medical negligence. This means a doctor or nurse made an error that negatively impacted the health of your child. These mistakes can be caused by the improper use of forceps, or vacuum devices, trying to deliver a baby with an unusual size or position in the womb and shoulder dystocia during birth. Most of the time, the cause for shoulder dystocia can be traced to excessive stretching or pulling of the baby's shoulders and head during a lengthy or difficult delivery. These risks are widely recognized by medical experts and should be avoided. If your child has suffered an injury due to medical negligence during labor and birth, please contact us for an assessment of your case at no cost.