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

Doctors may stretch or tear brachial plexus when they are not careful during the birth. This injury could result from medical malpractice, and can lead to Erb's palsy in newborns.

Compensation can help families pay for 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, a nerve network in the neck and arms (the brachial plexus) is damaged. The result is that the arm could be weak or inactive and the child may have difficulty using it. A physical therapist might be able help to improve the condition. In some cases surgical procedures can be done to help restore or replace damaged nerve fibers. Unfortunately, however 20% of children with Erb's palsy do not recover to a significant degree.

Medical professionals 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 him or her emerge from the birth canal. This is called shoulder dystocia and can happen in any birth. However, it is more common when the infant is bigger than average or born to the breech position.

To avoid complications Doctors must be aware of risk factors and adhere to certain guidelines when they deliver a baby. This is called the standard of care. Failure to follow this standard could lead to serious injuries to both mother and child.

If your child has suffered a brachial plexus injury, an Erb's palsy lawyer can help you file a lawsuit for monetary compensation. The money will pay for your child's treatment and allow them to enjoy a better quality of life.

How do I make a claim?

Erb's palsy is a very frequent birth injury caused by medical negligence. It is a condition that causes damage to the nerves' network in the neck and shoulders, which is known as the brachial plexus. This condition can result in substantial financial and physical costs for your family. It is crucial to work with an Long Island Erb's palsy lawyer to determine the full extent of your child's injuries as well as the costs associated with them.

Medical professionals are trained to identify shoulder dystocia risk factors during labor and delivery and should be able to avoid these injuries. Sometimes a doctor or other medical professional can cause an Erb's palsy injury because they don't know that the process of delivery is becoming complicated and make unnecessary steps to pull the baby out of the womb which can lead to pulling too much on the nerve.

A doctor can also cause an Erb's palsy nerve injury because they do not decide to perform the Cesarean section when it is evident that your child will be difficult to deliver vaginally. If you believe that your child's Erb's palsy was caused by medical malpractice, you should work with an Long Island Erb's Palsy Lawyer to bring a lawsuit against the responsible parties. The lawyer will assist you in calculating your potential compensation amount and determining the future costs of your child's care. Settlements are the most popular way to settle cases. They provide more complete financial compensation, and quicker than a trial.

What happens during a lawsuit?

If your child's Erb's palsy was the result of medical negligence Your family is entitled to compensation. This can help cover the cost of treatment in the future, therapy and other expenses related to your child's nerve damage.

An Erb's palsy lawsuit is a medical malpractice claim. Your lawyer will review the birth records of your child to determine if the doctor acted negligently during the birth process. They can also bring in experts from the medical field to testify on the injury and its cause.

In many cases, Erb's palsy is caused by a medical professional pulling on the baby too hard to help in the birth. This can result in traction injuries in the brachialplexus. This is a common problem during shoulder dystocia. the baby's shoulders get stuck in the birth canal and can result in excessive downward pressure on a woman's head, neck or shoulders.

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

How much can I anticipate to receive in a lawsuit?

Every case is different and therefore there is no standard amount for settlement. Our legal team will fight for you an appropriate settlement. We take into consideration all your expenses such as treatment costs and lost income. Additionally, we will assist you in preparing for any taxes that may be applicable to your settlement.

Many cases of Erb's palsy could have been avoided with proper treatment. We will review your case for free to determine whether there are grounds to bring a lawsuit.

Many birth injuries are caused by medical negligence, which means that the doctor or nurse committed an error that negatively impacted the health of your child. These errors could be due to the improper use of forceps, or vacuum devices, attempting to deliver a baby with an abnormal size or position in the womb, and shoulder dystocia during birth. Shoulder dystocia is often caused by excessive pulling or stretching the infant's shoulders and head during an uneasy delivery. These risks are recognized by medical experts and should be avoided. Contact us today for a free assessment of your case when you suspect that medical negligence led to an injury to your child during labor and delivery.